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Microstock Photography Forum - General => General Stock Discussion => Topic started by: S. on August 12, 2014, 10:10
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I can't find a reliable answer to this: can someone sell products on ebay based on an image of mine bought on fotolia with an extended license?
I've found this products:
http://www.ebay.com/itm/Samsung-Galaxy-S3-Palastina-Palestine-Gaza-Fahne-Flag-Cover-Case-Hulle-/230955901795 (http://www.ebay.com/itm/Samsung-Galaxy-S3-Palastina-Palestine-Gaza-Fahne-Flag-Cover-Case-Hulle-/230955901795)
as it states at the end of the description is an image of mine bought on fotolia (© Stefano Ginella - Fotolia.com)
so I searched my name and discovered that they are selling various products based on that image
http://www.ebay.de/sch/i.html?_trksid=p4634.m570.l1313.TR0.TRC0.H0.Xstefano+ginella&_nkw=stefano+ginella&_sacat=0&_from=R40 (http://www.ebay.de/sch/i.html?_trksid=p4634.m570.l1313.TR0.TRC0.H0.Xstefano+ginella&_nkw=stefano+ginella&_sacat=0&_from=R40)
The image is this one http://www.fotolia.com/id/47851979 (http://www.fotolia.com/id/47851979) and it has been sold just once with an extended license. Is it allowed for them to sell those products?
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Yeah they can that is the great thing about how FT efs you and why many left there years ago.
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I would think yes, assuming that it was the eBay seller who bought the EL. The seller appears to be particularly transparent in their business dealings by crediting your name to the image.
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I would think yes, assuming that it was the eBay seller who bought the EL. The seller appears to be particularly transparent in their business dealings by crediting your name to the image.
sad but true about EL. which is why we need agencies like Canva
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I thought that was essentially one of the main features of an EL: allow the usage of images on products for resale.
Where's the issue?
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I thought that was essentially one of the main features of an EL: allow the usage of images on products for resale.
Where's the issue?
I think most EL's prohibit POD or using the image on things that will be sold. FT's EL does allow POD. They used to let you opt out from EL's but recently changed that policy and suddenly dumped everyone's images into EL = Yes.
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I thought that was essentially one of the main features of an EL: allow the usage of images on products for resale.
Where's the issue?
I think most EL's prohibit POD or using the image on things that will be sold. FT's EL does allow POD. They used to let you opt out from EL's but recently changed that policy and suddenly dumped everyone's images into EL = Yes.
SS's enhanced licence allows "Copies of merchandise for sale": Unlimited
http://www.shutterstock.com/license_comparison.mhtml (http://www.shutterstock.com/license_comparison.mhtml)
iS's extended licence allows: "Items for Resale (limited run)"
http://www.istockphoto.com/photo/iceberg-newfoundland-trinity-bay-canada-6744170?st=b703021 (http://www.istockphoto.com/photo/iceberg-newfoundland-trinity-bay-canada-6744170?st=b703021)
As far as I can see, DT doesn't allow it unless with a total 'sell the rights' licence transfer.
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This is the GIVE EVERY RIGHT TO THE CUSTOMER attitude of Fotolia. They aren't about fairness and contributor equity, they are about how many greenbacks Oleg can stuff in his already fat wallet.
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Not true you need to read more.
http://www.shutterstock.com/licensing.mhtml?type=enhanced&hsb=1 (http://www.shutterstock.com/licensing.mhtml?type=enhanced&hsb=1)
PART II
RESTRICTIONS
YOU MAY NOT:
10.
Use or display any Image on websites or in connection with any service designed to sell or induce sales of user-customized "print on demand" products of any kind using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, giclee prints, wallpaper, artwork and other items.
I thought that was essentially one of the main features of an EL: allow the usage of images on products for resale.
Where's the issue?
I think most EL's prohibit POD or using the image on things that will be sold. FT's EL does allow POD. They used to let you opt out from EL's but recently changed that policy and suddenly dumped everyone's images into EL = Yes.
SS's enhanced licence allows "Copies of merchandise for sale": Unlimited
[url]http://www.shutterstock.com/license_comparison.mhtml[/url] ([url]http://www.shutterstock.com/license_comparison.mhtml[/url])
iS's extended licence allows: "Items for Resale (limited run)"
[url]http://www.istockphoto.com/photo/iceberg-newfoundland-trinity-bay-canada-6744170?st=b703021[/url] ([url]http://www.istockphoto.com/photo/iceberg-newfoundland-trinity-bay-canada-6744170?st=b703021[/url])
As far as I can see, DT doesn't allow it unless with a total 'sell the rights' licence transfer.
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Sorry, what's 'not true' - the SS page I linked to? Tell them, not me.
SS make their terms and conditions very difficult for people to find. On the page I linked below, it clearly says, "copies of merchandise for sale: Unlimited" with an enhanced licence.
At the bottom of that section is a smaller, greyer text (why not larger and bold?) "Certain usage restrictions may apply. Need more info? See the full Terms of Service."
That link does not lead to the page that you quoted, but to this page:
http://www.shutterstock.com/licensing.mhtml (http://www.shutterstock.com/licensing.mhtml)
Whereupon it talks about a 'limited licence', and then ...
2f "If your desired use is not set forth above, or if you need to reproduce an Image more than 250,000 times, please see our Enhanced License or contact Customer Support. "
If I were a buyer and had read the page I first linked to, then followed through to the full Terms of Service as above, I'd think I was within my rights to produce "copies of merchandise for sale: Unlimited", with an enhanced licence.
They can't tell you one thing on one page and something else on another.
Not true you need to read more.
[url]http://www.shutterstock.com/licensing.mhtml?type=enhanced&hsb=1[/url] ([url]http://www.shutterstock.com/licensing.mhtml?type=enhanced&hsb=1[/url])
PART II
RESTRICTIONS
YOU MAY NOT:
10.
Use or display any Image on websites or in connection with any service designed to sell or induce sales of user-customized "print on demand" products of any kind using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, giclee prints, wallpaper, artwork and other items.
I thought that was essentially one of the main features of an EL: allow the usage of images on products for resale.
Where's the issue?
I think most EL's prohibit POD or using the image on things that will be sold. FT's EL does allow POD. They used to let you opt out from EL's but recently changed that policy and suddenly dumped everyone's images into EL = Yes.
SS's enhanced licence allows "Copies of merchandise for sale": Unlimited
[url]http://www.shutterstock.com/license_comparison.mhtml[/url] ([url]http://www.shutterstock.com/license_comparison.mhtml[/url])
iS's extended licence allows: "Items for Resale (limited run)"
[url]http://www.istockphoto.com/photo/iceberg-newfoundland-trinity-bay-canada-6744170?st=b703021[/url] ([url]http://www.istockphoto.com/photo/iceberg-newfoundland-trinity-bay-canada-6744170?st=b703021[/url])
As far as I can see, DT doesn't allow it unless with a total 'sell the rights' licence transfer.