MicrostockGroup

Agency Based Discussion => Alamy.com => Topic started by: DesmondKean on April 27, 2016, 19:14

Title: RM question
Post by: DesmondKean on April 27, 2016, 19:14
I have read that you can't submit pictures as RM if you have them as something else on another site. Since I'm kinda new to all this, I have this doubt (that feels is a bit silly): is there any problem if I submit as RM (and restrict it to Editorial) pics that were submitted as editorial only on other sites? All my common sense tells me there should be no problem, but I'd rather know for sure from somebody else.
Title: Re: RM question
Post by: Rose Tinted Glasses on April 27, 2016, 19:41
an image can be either RF or RM but can't be both.
generally speaking RF can be sold on multiple sites unless the agency wants the image as exclusive.
generally speaking RM is usually just on one site so that there is total control of the image and rights granted.

Title: Re: RM question
Post by: Jo Ann Snover on April 27, 2016, 20:01
... is there any problem if I submit as RM (and restrict it to Editorial) pics that were submitted as editorial only on other sites?

Don't confuse editorial (versus commercial or creative) with the license type - rights managed or royalty free.

 If you have images on the micros as editorial, that's with an RF license. The user has a worldwide, perpetual license for the allowed uses. In that case you can't know what uses the license purchasers have, so you can't account for those to a future RM licensor. So they might ask if the image has been licensed for use in Germany and you would have no clue.

Alamy is planning to allow for RF editorial, so you should wait for that.
Title: Re: RM question
Post by: DesmondKean on April 27, 2016, 20:02
... is there any problem if I submit as RM (and restrict it to Editorial) pics that were submitted as editorial only on other sites?

Don't confuse editorial (versus commercial or creative) with the license type - rights managed or royalty free.

 If you have images on the micros as editorial, that's with an RF license. The user has a worldwide, perpetual license for the allowed uses. In that case you can't know what uses the license purchasers have, so you can't account for those to a future RM licensor. So they might ask if the image has been licensed for use in Germany and you would have no clue.

Alamy is planning to allow for RF editorial, so you should wait for that.

Okay, I'll do that. Thanks a lot!
Title: Re: RM question
Post by: PhotoDude on April 27, 2016, 20:44
an image can be either RF or RM but can't be both.
generally speaking RF can be sold on multiple sites unless the agency wants the image as exclusive.
generally speaking RM is usually just on one site so that there is total control of the image and rights granted.


Well, that is what I thought too. I know that Alamy does not accept editorial image as RM if it is already editorial RF elsewhere (SS for instance). However, according to this post (http://www.microstockgroup.com/new-sites-general/zoonar-what-price-category-do-you-use-microstock-standard-premium/msg444319/#msg444319 (http://www.microstockgroup.com/new-sites-general/zoonar-what-price-category-do-you-use-microstock-standard-premium/msg444319/#msg444319)), it looks like at least one agency (Zoonar) accepts editorial images as RM even if they are already editorial RF in other agencies. So I guess it can have a different type of license depending on the site. 
Title: Re: RM question
Post by: Jo Ann Snover on April 27, 2016, 21:45
...However, according to this post ([url]http://www.microstockgroup.com/new-sites-general/zoonar-what-price-category-do-you-use-microstock-standard-premium/msg444319/#msg444319[/url] ([url]http://www.microstockgroup.com/new-sites-general/zoonar-what-price-category-do-you-use-microstock-standard-premium/msg444319/#msg444319[/url])), it looks like at least one agency (Zoonar) accepts editorial images as RM even if they are already editorial RF in other agencies. So I guess it can have a different type of license depending on the site.


A license is just a contract, and contracts can say pretty much anything the two parties agree to. There's a general industry consensus on what Royalty Free and Rights Managed mean, but those aren't legal terms and so they can also vary a bit in their meanings from agency to agency.

Canva, for example, has/had a very simple single use license that was more like Rights Managed, but which didn't vary in price depending on the use (typically, RM licenses will, based on the length of the term or large cover/small web). 

If an agency wants to set terms for contributors based on the licenses they're planning to sell, that's fine as long as you and they are clear about what is OK and what is not.

I don't contribute to Zoonar, so I don't know much about their rules. But it's certainly possible that they could have editorial licenses that wouldn't conflict with selling RF elsewhere. It would probably preclude any sorts of custom licenses that offered an exclusive term for a particular country (for example) because you wouldn't have the information to know.