Author Topic: Large Print Run 375,000+ with No EL Advice Needed (Read 4480 times)

alids · « **on:** February 23, 2013, 09:52 »

Just found one of my images in a printed leisure magazine in the UK.

Initially quite pleased to find an image in print, especially when it is in a magazine for a club I belong to and the copy is posted out to members, and was delivered and posted through the letterbox.

Wasnt quite so pleased when I noticed that the magazine distribution is 375,000+ copies. The image is a low selling one and I can only recall ever selling once on shutterstock as a sub sale. Will be going off to check the other agencies that the image is on shortly, but cant recall it selling anywhere else, but not 100% sure.

Bit of advice needed as to next steps - had thought about sending a polite email to magazine thanking them for buying the image and asking where they purchased it from.

Next option would to be contact shutterstock direct and ask them to look into it, but think I need to be quite sure it came from Shutterstock first.

Any help and advice appreciated.

Edit Update: Have now excluded all agencies except Shutterstock and 123Rf - see updated post below.

tickstock · « **Reply #1 on:** February 23, 2013, 11:01 »

red · « **Reply #2 on:** February 23, 2013, 11:05 »

Dreamstime - If you use the images for printed materials, the number of copies must not exceed 500,000.

Increase Max Copies (I-EL):
Extends our regular Royalty Free / Editorial license to a maximum amount of printed copies of up to 2,500,000 copies.

alids · « **Reply #3 on:** February 23, 2013, 12:06 »

Thanks for the replies so far.

Have narrowed it down and can exclude the following agencies:

Dreamstime, Fotolia and Istock - image not uploaded.

Canstock, Bigstock, Photodune - no sales of image.

That only leaves shutterstock and 123RF - has sold once on shutterstock (sub sale), but cannot find if it ever sold on 123RF as deleted most of my port in January when they cut commissions.

So that leaves only SS and 123RF which as far as I can tell both need an EL for 250,000+ print run.

What is the best option now that I cant exclude 123RF?

tickstock · « **Reply #4 on:** February 23, 2013, 12:11 »

ruxpriencdiam · « **Reply #5 on:** February 23, 2013, 12:30 »

http://www.microstockgroup.com/general-stock-discussion/comparison-of-standard-rf-license-agreements/

alids · « **Reply #6 on:** February 23, 2013, 12:34 »

Quote from: ruxpriencdiam on February 23, 2013, 12:30

http://www.microstockgroup.com/general-stock-discussion/comparison-of-standard-rf-license-agreements/

thanks Barry, yes have seen that one and shows 250,000+ for both SS and 123RF as needing EL.

Advice needed now is what is best approach now that cant confirm which of those two agencies it was purchased from.

Jo Ann Snover · « **Reply #7 on:** February 23, 2013, 14:52 »

I would contact the magazine and politely ask if they could tell you which agency sold the image - possibly don't explain why unless they ask. I would make it a simple inquiry - that you want to check with the agency on your royalties for the sale but don't know which agency.

Are you part of the bridge to Bigstock? If the image was there, they only just put in a 250K limit on print run - prior to the e-mail about subscriptions and the nutso royalty scheme, they had no print run limit

alids · « **Reply #8 on:** February 23, 2013, 15:28 »

Quote from: jsnover on February 23, 2013, 14:52

I would contact the magazine and politely ask if they could tell you which agency sold the image - possibly don't explain why unless they ask. I would make it a simple inquiry - that you want to check with the agency on your royalties for the sale but don't know which agency.

Are you part of the bridge to Bigstock? If the image was there, they only just put in a 250K limit on print run - prior to the e-mail about subscriptions and the nutso royalty scheme, they had no print run limit

Thaks for that, the polite email to the magazine was my first thought, but was hoping to narrow it down to shutterstock as knew it hadn't sold much.

Image is on Bigstock, but has never sold there.

Have also found two other stock images in the magazine that are also on shutterstock, but are probably for sale elsewhere as well.

Will see what reply I get, if my image was purchased from shutterstock, I will also let ss know about the others.

Will update if when get a reply or get resolved.

click_click · « **Reply #9 on:** February 23, 2013, 16:35 »

Assuming that SS sold the image to this publisher in questions what the "best" thing that could happen?

That after spending 1 hour of research where the image might have been downloaded from and contacting the publisher and Shutterstock, the publisher just has to license it again a second time for another 25-38 cents for the remainder of the print run to be legally covered?

I've given up on these kinds of infringements.

alids · « **Reply #10 on:** February 24, 2013, 05:33 »

Quote from: click_click on February 23, 2013, 16:35

Assuming that SS sold the image to this publisher in questions what the "best" thing that could happen?

That after spending 1 hour of research where the image might have been downloaded from and contacting the publisher and Shutterstock, the publisher just has to license it again a second time for another 25-38 cents for the remainder of the print run to be legally covered?

I've given up on these kinds of infringements.

The best thing that could happen is that the publisher is forced to purchase the EL that they should have originally purchased for that sized print run.

The image can only have been purchased from SS or 123RF both with >250,000 needing an EL.

There are a couple of other reasons for me wanting to follow this up as well. I pay a reasonable amount of money to belong to the organisation that publishes this magazine, so why should I allow them to use my image without paying for the correct license.

Its also about educating buyers, giving them the benefit of the doubt that they may not be fully aware of the requirement for an EL. If they are aware of the EL requirements and are purchasing and using images without an EL, the agency needs to make that stop.

The magazine is a regular user of stock images each month - what if all these images were purchased without an EL?

Well these are my reasons for following this up.

cathyslife · « **Reply #11 on:** February 24, 2013, 07:59 »

Quote from: alids on February 24, 2013, 05:33

Quote from: click_click on February 23, 2013, 16:35
Assuming that SS sold the image to this publisher in questions what the "best" thing that could happen?

That after spending 1 hour of research where the image might have been downloaded from and contacting the publisher and Shutterstock, the publisher just has to license it again a second time for another 25-38 cents for the remainder of the print run to be legally covered?

I've given up on these kinds of infringements.

The best thing that could happen is that the publisher is forced to purchase the EL that they should have originally purchased for that sized print run.

The image can only have been purchased from SS or 123RF both with >250,000 needing an EL.

There are a couple of other reasons for me wanting to follow this up as well. I pay a reasonable amount of money to belong to the organisation that publishes this magazine, so why should I allow them to use my image without paying for the correct license.

Its also about educating buyers, giving them the benefit of the doubt that they may not be fully aware of the requirement for an EL. If they are aware of the EL requirements and are purchasing and using images without an EL, the agency needs to make that stop.

The magazine is a regular user of stock images each month - what if all these images were purchased without an EL?

Well these are my reasons for following this up.

This happened to me with istock. I knew the image came from them tho, because the magazine gave credit. Did you check the fold of the mag for credits? Anyway, istock paid me for the EL. I, too, wondered tho how many others of mine or other peoples sold without having gotten the correct commission. It would be easy for the agency to give the mag a deal with the warning that they might have to pay for an EL now and again if the pic is discovered. I just happened upon my image because it was in a mag that i never usually buy. If i hadnt seen it, i never would have gotten that commission. You certainly cant rely on the agency to watch your back. Istock must have account reps...they know when a mag buys images. They must be monitoring it for themselves to make sure they are getting paid correctly...

alids · « **Reply #12 on:** February 25, 2013, 14:29 »

Polite email sent to the publisher enquiring where the image was purcahsed from - now to wait and see what happens.

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Author Topic: Large Print Run 375,000+ with No EL Advice Needed (Read 4480 times)

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