MicrostockGroup
Agency Based Discussion => Dreamstime.com => Topic started by: twieja on June 15, 2008, 04:09
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Hi,
I'd like to know your opinion on this; I'm trying to figure it out myself, but it's always good to ask..
I'm planning to send a specific picture to a photography contest at a local travel magazine. According to the rules, in case of going through to the finals, I give the newspaper the right for unlimited reprints + commercial use for promotional reasons only.
The picture is a DT exclusive.
Is it a legal and wise thing to do? Does "exclusivity" on stocks concern stock business only, or does it mean I can't use the picture anymore? Is it safe to remove it from my DT portfolio? If yes, better do it right now or wait until the results?
thanks in advance for your opinions, cheers
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I think it'd best if you asked advice from DT but to my point of view since you are not actually selling the image sending it to a contest should be fine.but what if someone decides to buyout(exclusive buyout ) the image from DT after you send it the contest? I think at least you should disable the file until the contest results announced.
as I said in the beginning I think DT has the best answer.
good luck!
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You can remove it from being exclusive at any time can't you? Unless YOU are exclusive, then you may have to remove the photo. Or did you place it exclusive as part of DT's contests?
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From Terms and Conditions (http://www.dreamstime.com/terms.php):
Contributors' obligations - non-exclusivity and exclusivity (...)
Exclusive images: A contributor may work with other agencies in addition to Dreamstime.com. However, the images provided to Dreamstime.com and marked as being exclusive are sold only on Dreamstime.com. An exclusive image is represented by concepts, models, wardrobe, and subject matter which provide a unique creative message and small variations in the image (variations in camera angle, model posture or gesture, for example) do not enable an image as being different. Exclusive images may only be sold through Dreamstime.com and may not be offered through other channels. Contributors shall receive sixty (60%) percent of the sale price received by Dreamstime.com for the exclusive images they have contributed to the site which are subsequently sold by Dreamstime.com. A Contributor may remove the exclusivity rights to an image with thirty (30) days prior written notice to Dreamstime.com.
Unless I am wrong, you can not sell an exclusive image and others in the same series.
If you were an exclusive photographer, you would be able to sell images that are not in DT in RM license only. I think this is the same in any of the microstock sites.
Regards,
Adelaide
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i'm not even sure i agree when one of you said that "if it is not for money" then it's ok to give someone else the exclusive photo.
i agree with the last comment that it's wrong to submit an exclusive to anyone else once it is exclusive.
exclusive is just that, it belongs to one.
what if you submit it to the contest and you win.
that photo will be on everything that the company sponsors.
that would not be very fair to DT having your agreement for an image to be exclusive to them.
to be fair with DT, i suggest you submit a different image.
or get it out of exclusive with DT.
and naturally, the best person to talk to is not any of us, but someone in DT.
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I agree with dullegg.
It isn't fair to Dreamstime. Best you take it out of exclusive after writing to them to get your image out of exclusive.
Play fair. 8)
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if it were fotolia, i'd say screw them... ;D ;D ;D
no, just joking.
but seriously, DT is a good site, I agree with those who say
take it out of exclusive with DT.
if you are so sure this image is the only one for the contest,
then like tan510jomast says, "play fair".
good luck in the contest.
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Thank you all for your comments,
I agree, it should be DT whom I should ask first, plus I do want to be fair on this, especially since Dreamstime which I really really like.
cheers