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Author Topic: Can an Editorial Image ever be used Commercially?  (Read 3593 times)

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« on: January 13, 2015, 14:29 »
0
Hi,
Can you help please? Someone would like to use commercially a photo that I am selling under Editorial license in a couple of stock agencies (DT, SS, 123rf etc). Can I licence that image directly to them to be used commercially, or do I have to decline?
Thank you.


cuppacoffee

« Reply #1 on: January 13, 2015, 15:26 »
-1
You have to decline unless you can get model and/or property releases for everything in the photo. There is a reason it is being sold as editorial and by the definition it cannot be used for commercial use, any commercial use.

« Reply #2 on: January 13, 2015, 15:41 »
+1
You can license it to them without releases, but they wouldn't be able to use it without sourcing the releases themselves.  It doesn't have to be your responsibility.

« Reply #3 on: January 13, 2015, 16:20 »
+2
they wouldn't be able to use it without sourcing the releases

There are commercial uses which do not require releases. For example marketing and non distribution (internal) uses which exclude advertising.

RM contracts specifically define these sorts of cases. And there is no reason (except contractual) why an RF image could not be sold under a specific RM licence.

Uncle Pete

« Reply #4 on: January 13, 2015, 21:11 »
+1
+++++  YES, they can decide with their legal department if they want to use it, you aren't responsible. The agency has already licensed with specific Editorial terms. They aren't liable either. Plus, if the buyer wants to use it and they can obtain a release on their own. Many will do that if it's important enough  to them.

You can license it to them without releases, but they wouldn't be able to use it without sourcing the releases themselves.  It doesn't have to be your responsibility.

« Reply #5 on: January 14, 2015, 15:32 »
0
Thank you so much for the replies, everyone.  I contacted them and asked if they can source the releases themselves, that would be the best option anyway. Let's see what their response will be.

You can license it to them without releases, but they wouldn't be able to use it without sourcing the releases themselves.  It doesn't have to be your responsibility.

« Reply #6 on: January 14, 2015, 18:31 »
+1
there's no pure definition of 'editorial' -- many agencies, eg SS require editorial submissions where other agencies just use RF

if you deal directly with a client, you need to make them aware that there are no releases for your image, and that may limit how they can use it.  without seeing your image, there's no simple answer


« Reply #7 on: January 14, 2015, 18:37 »
+1
You have to decline unless you can get model and/or property releases for everything in the photo. There is a reason it is being sold as editorial and by the definition it cannot be used for commercial use, any commercial use.

there IS no 'definition' of editorial, and editorial does NOT mean NO commercial use -- each agency makes its own rules.  some agencies are much stricter and require an image to be labeled editorial when it really doesn't need to be. 

eg, SS changed its rules about a year ago - they had earlier defined editorial to be the equivalent of 'newsworthy'; this rejected many perfectly fine editorial images


 

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