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Author Topic: Message from AY, need help to understand  (Read 1583 times)

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« on: November 11, 2019, 15:00 »
0
Hi, i just received this, it concerns an editorial photo (no people). As I understand it, they want me to remove the editorial restriction for commercial? thank you for helping me :

Hi Christiano,

How are you? We have a customer that would love to have a consumer goods licence for an image youve contributed to us. The image ID is:

Your Image ID: XXXX
Alamy Image ID: XXXX

They want to use the image in a  calendar. Is it possible to lift the restriction for them please?

Speak to you soon,

XXX
Customer Service
« Last Edit: November 12, 2019, 09:04 by christiano »


ShadySue

« Reply #1 on: November 11, 2019, 15:07 »
+3
If it's a 'real' editorial image, and not just an 'Alamy-rules' editorial image, ask them who is taking the risk if the owner of the copyright sues.
That said, I've had an editorial pic used in a calendar and I wasn't consulted beforehand, and it was noted as a calendar sale, so I wonder why they contacted you. I think there might be different rules in different countries. Part of the legislation here (UK) says that a 2D representation of a 3D object doesn't breach copyright. That might not apply elsewhere.

« Reply #2 on: November 11, 2019, 15:47 »
+3
I had inquiry before for images that are editorial because I dont have the copyright releases.
I said I would only sell the image if they explicitly in writing were willing to take on any legal consequences that would result from their use of the image fully.
They did not want to do that, and as a result I never sold the image in that capacity.

Just make sure you cover yourself and ask for it in writing

« Reply #3 on: November 11, 2019, 16:10 »
0
I said I would only sell the image if they explicitly in writing were willing to take on any legal consequences that would result from their use of the image fully. Just make sure you cover yourself and ask for it in writing

@Noodle : Just did it! thanks you.
@ShadySue : Thank you...

steheap

  • Author of best selling "Get Started in Stock"

« Reply #4 on: November 11, 2019, 17:38 »
+3
I always find it very strange for Alamy to do this. Any client (ie the publisher) can use an image in whatever way they wish and they are in the best position to judge if it is a risk using the image in the way they want. So there is no need for the photographer to be asked anything. All they are doing is passing the potential liability back to the photographer who is in no position to judge if the planned usage is appropriate or not. In my view, the answer should always be - the client can decide.

Steve

« Reply #5 on: November 12, 2019, 07:38 »
0
I always find it very strange for Alamy to do this. Any client (ie the publisher) can use an image in whatever way they wish and they are in the best position to judge if it is a risk using the image in the way they want. So there is no need for the photographer to be asked anything. All they are doing is passing the potential liability back to the photographer who is in no position to judge if the planned usage is appropriate or not. In my view, the answer should always be - the client can decide.

Steve

You are absolutely right Steve.

Uncle Pete

  • Great Place by a Great Lake - My Home Port
« Reply #6 on: November 12, 2019, 09:11 »
+2
I always find it very strange for Alamy to do this. Any client (ie the publisher) can use an image in whatever way they wish and they are in the best position to judge if it is a risk using the image in the way they want. So there is no need for the photographer to be asked anything. All they are doing is passing the potential liability back to the photographer who is in no position to judge if the planned usage is appropriate or not. In my view, the answer should always be - the client can decide.

Steve

You are absolutely right Steve.

One more, absolutely right Steve, the buyer is responsible for the use.


« Reply #7 on: November 15, 2019, 05:25 »
+5
I always find it very strange for Alamy to do this. Any client (ie the publisher) can use an image in whatever way they wish and they are in the best position to judge if it is a risk using the image in the way they want. So there is no need for the photographer to be asked anything. All they are doing is passing the potential liability back to the photographer who is in no position to judge if the planned usage is appropriate or not. In my view, the answer should always be - the client can decide.

Steve

Yes, in most cases the buyer is responsible, however if you have specifically placed restrictions for a usage on an image then we feel it's right that we check with you.

If we get a customer who wants to use an image that falls within restrictions that you've set, then we get in touch (like here). It's not about shifting responsibility onto the photographer, it's about honoring your wishes and checking to see if there is anything else we need to be aware of, such as an exclusive sale that has happened elsewhere that might conflict with this potential use.

Cheers

James A

« Last Edit: November 15, 2019, 05:33 by Alamy »

steheap

  • Author of best selling "Get Started in Stock"

« Reply #8 on: November 15, 2019, 15:38 »
+3
Sorry, James. If a photographer has set an editorial setting (as is the case here) it is because there is something in the image that they feel is protected in some way - a building, a piece of artwork, a person in the background etc. How can the photographer choose to remove that limitation without opening themselves up to a potential lawsuit. The publisher of an image is the one in the best position to judge if there is a risk in the use case they have in mind - not the photographer. Not sure what an exclusive sale has to do with an editorial marker. The question that was asked was whether the photographer would allow commercial use for an editorial image? How can they answer that question in any way other than "no".

Steve

« Reply #9 on: November 20, 2019, 05:33 »
+1
Sorry, James. If a photographer has set an editorial setting (as is the case here) it is because there is something in the image that they feel is protected in some way - a building, a piece of artwork, a person in the background etc. How can the photographer choose to remove that limitation without opening themselves up to a potential lawsuit. The publisher of an image is the one in the best position to judge if there is a risk in the use case they have in mind - not the photographer. Not sure what an exclusive sale has to do with an editorial marker. The question that was asked was whether the photographer would allow commercial use for an editorial image? How can they answer that question in any way other than "no".

Steve

To be clear, the onus in these situations is with the buyer and it is explained to them that they would take on any potential risk - however - we are unable to facilitate the sale itself whilst the photographer imposed restrictions have been placed on the image. We therefore ask about a lifting of the restriction to process the sale, not for indemnification from the contributor.

The "exclusive / conflicting previous sale elsewhere" question is still pertinent here as the restriction may have been placed on the image due to the rare situation of a previous licence determining that any future sales need to be editorial for a set amount of time.

Best

James A

steheap

  • Author of best selling "Get Started in Stock"

« Reply #10 on: November 20, 2019, 09:31 »
+1
OK, thanks James. Perhaps your emails to contributors should make that clear? A friend of mine asked me the same question a few months back and there was no mention of liability.

Steve

« Reply #11 on: November 20, 2019, 11:05 »
+2
OK, thanks James. Perhaps your emails to contributors should make that clear? A friend of mine asked me the same question a few months back and there was no mention of liability.

Steve

Sure - that's good feedback and I'll pass it on to the team.

Cheers

James A


 

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