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Author Topic: CanStockPhoto allows POD's in the amount of 10,000????  (Read 5412 times)

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ruxpriencdiam

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« on: January 25, 2012, 09:35 »
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Did everyone know that CanStockPhoto allows your images to be used in Print On Demand products up to 10,000 times?

Quote
"(i) produce physical items for resale, including t-shirts, postcards, greeting cards, calendars, mugs, and mouse pads, provided the aggregate quantity is ten thousand (10,000) or less (Physical Items for Resale), and "

I dont know about anyone else but you are loosing some serious money allow your images to be used in this manner!

They buy an image for $25 and use it 10,000 times so their cost per POD is .0025 or pennies now if the average POD sale for them is lets say $50 and they get that for 10,000 POD's then they make $500,000 AKA one half million dollars!

So what if they are getting more then $50 per POD WOW! People can you see the legal theft of your works? You get pennies they make Millions.

Looks like i need to stop shooting and start buying so i can sell the stuff on Ebay, Graiglist, Fine Art America and wherever else i can.


« Reply #1 on: January 25, 2012, 11:46 »
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From their license terms:

Quote
Section 5: Restrictions on Use
Licensee may not use or permit the use of the Content beyond the terms of this Agreement without first obtaining an additional license. 

Licensee may not:
1.   Sublicense, sell, distribute, assign, convey, or transfer the Content, this Agreement, or any of its rights under this Agreement;
2.   Sell, license, or distribute its final product in such a way that allows others to extract or access the Content as a stand-alone file;
3.   Use or display the Content in any item intended for resale, license, or other distribution or for use in print on demand products, including but not limited to t-shirts, postcards, posters, mugs, artwork, etc.;
...

They do not allow POD.
And then the addition for enhanced licences says:

Quote
2. Physical and Electronic Items for Resale (additional fee applies)

Notwithstanding the restriction contained in Section 5 (3) prohibiting the use or display of the Content in any item intended for resale, license, or other distribution, and the restriction contained in Section 5 (6) prohibiting the use of the Content in any electronic template or application, Licensee shall, with respect to the Content, be entitled to:

 

(i) produce physical items for resale, including t-shirts, postcards, greeting cards, calendars, mugs, and mouse pads, provided the aggregate quantity is ten thousand (10,000) or less (Physical Items for Resale), and



(ii) produce electronic items for resale, including electronic templates or applications, provided these products are not intended to allow the re-distribution or re-use of the Content (Electronic Items for Resale). Collectively, Physical Items for Resale and Electronic Items for Resale shall be referred to as Items for Resale.
 


My interpretation of that (but anybody more familiar with the legal language in here please correct me) is:
The enhanced licence does still not allow print on demand.

« Reply #2 on: January 25, 2012, 12:17 »
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I would agree with you but Duncan from CanStockPhoto say the Extended Licence does allow print on demand?

I think it is worth taking a look at the CanStockPhoto forum, as there is a discussion going on today about what exactly constitutes print on demand. Maybe it's me but I'm still none the wiser!


« Reply #4 on: January 25, 2012, 12:56 »
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I think some of the confusion here stems from what "print on demand" is, as it's a term that means different things to different people.

Firstly, our standard license specifically prohibits images from being used in "print on demand" applications and other resale uses. The images can not be used on products.

Our enhanced license agreement ($50) permits images to be used for "t-shirts, postcards, greeting cards, calendars, mugs, and mouse pads". Even with this license, we do not specifically allow "print on demand" - we only specifically permit "t-shirts, postcards, greeting cards, calendars, mugs, and mouse pads". You can not use the license to sell copies of images, etc.

If you are not comfortable with your images being used in the above manor, you can set your images to not offer an EL option.

I'd always recommend people read the license agreement completely before submitting images - in this case the relevant portions are quoted above.

Hope that helps -

So a standard licence does not allow print on demand or use of images on products but an enhanced licence allows use of images on products but not if the products are offered 'print on demand'?

« Reply #5 on: January 25, 2012, 15:14 »
0


So a standard licence does not allow print on demand or use of images on products but an enhanced licence allows use of images on products but not if the products are offered 'print on demand'?

That was my interpretation, as the exact term "print on demand" is mentioned in the "prohibited" part of the standard license, but not in the "allowed" part of the enhanced license.
But it would be great if Duncan could confirm that.


 

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