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Microstock Photography Forum - General => General Stock Discussion => Topic started by: Dreamframer on August 31, 2011, 18:40

Title: Does this require an EL?
Post by: Dreamframer on August 31, 2011, 18:40: I found my photo printed and sold as a postcard on this website:

http://babiesrus.einvite.com/product/PUT-BBU-KENS/?Cobrand=BRU&Site=Brujo&vk=1777211146 (http://babiesrus.einvite.com/product/PUT-BBU-KENS/?Cobrand=BRU&Site=Brujo&vk=1777211146)

There can be made an order only in large quantities, so you can't buy one postcard and sen it. It's basically a wholesale. So, I was wondering, if the company needs to pay an EL for something like this, or not?
Title: Re: Does this require an EL?
Post by: Elenathewise on August 31, 2011, 18:47: Quote from: Dreamframer on August 31, 2011, 18:40
I found my photo printed and sold as a postcard on this website:

[url]http://babiesrus.einvite.com/product/PUT-BBU-KENS/?Cobrand=BRU&Site=Brujo&vk=1777211146[/url] ([url]http://babiesrus.einvite.com/product/PUT-BBU-KENS/?Cobrand=BRU&Site=Brujo&vk=1777211146[/url])

There can be made an order only in large quantities, so you can't buy one postcard and sen it. It's basically a wholesale. So, I was wondering, if the company needs to pay an EL for something like this, or not?

If they re-sell something with your image on it, it's an EL.
Title: Re: Does this require an EL?
Post by: cathyslife on August 31, 2011, 18:54: I thought that there was one agency that had a license for these types of print on demand items. You might want to check with the agency(ies), if you know where you sold it from.
Title: Re: Does this require an EL?
Post by: Dreamframer on August 31, 2011, 18:55: I sent the email to them. Lets wait for the answer.
Title: Re: Does this require an EL?
Post by: nruboc on August 31, 2011, 18:58: Weird, who would want to send out a postcard like this of someone elses kids? I think it's suppose to be a reference only of what it would look like with the rainbow color design once a customer uplods their own photo. But I was able to add to my cart without uploading a photo, maybe a web site oversight, I would alert them
Title: Re: Does this require an EL?
Post by: gostwyck on August 31, 2011, 19:02: No. It's a personalized product. They're just using your image to illustrate what a 'family' postcard might look like. The customer uploads their own family portrait (or whatever) and the product is printed with their own photo.
Title: Re: Does this require an EL?
Post by: Dreamframer on August 31, 2011, 19:05: Quote from: gostwyck on August 31, 2011, 19:02
No. It's a personalized product. They're just using your image to illustrate what a 'family' postcard might look like. The customer uploads their own family portrait (or whatever) and the product is printed with their own photo.

Yeah. Well, than it's OK.
Title: Re: Does this require an EL?
Post by: madelaide on August 31, 2011, 19:06: I also understand it is their for demonstration only, but I guess a "sample image" banner or something should be used. Nothing impedes this of being used like it is, just change the text and it's not the O'Connell family anymore.

There was even a discussion at Zazzle months ago, people using microstock photos for that purpose, just as a sample image. I understand this does not require an EL unless people may buy the card with the image just because they like it.
Title: Re: Does this require an EL?
Post by: Dreamframer on August 31, 2011, 19:09: Thanks guys!
Title: Re: Does this require an EL?
Post by: Sean Locke Photography on August 31, 2011, 19:24: People, you can't order it with the sample picture. It has to be personalized.

No EL. No legal.
Title: Re: Does this require an EL?
Post by: madelaide on September 01, 2011, 04:36: Quote from: sjlocke on August 31, 2011, 19:24
People, you can't order it with the sample picture. It has to be personalized.

No EL. No legal.

It seemed to me you could. You can in Zazzle.
Title: Re: Does this require an EL?
Post by: Sean Locke Photography on September 01, 2011, 09:52: I emailed to confirm:
"We do not advise ordering without a photo on a photo card. The photo card would come blank and that would not look good. Sample photos are used for sample only and can not be printed on customer orders even if requested."