Author Topic: Question regarding uses of images (Read 3562 times)

Greg_Brave · « **on:** November 04, 2016, 15:17 »

Hello Everybody!
I'm new to this forum, but have been shooting stock for a couple of years now.
Here is my question: Is there any license provided by any microstock agency that allows somebody to buy my images and then sell prints of it (without any modification) without even crediting the photographer?

Justanotherphotographer · « **Reply #1 on:** November 04, 2016, 15:32 »

Jo Ann Snover · « **Reply #2 on:** November 04, 2016, 16:07 »

Quote from: Greg_Brave on November 04, 2016, 15:17

Hello Everybody!
I'm new to this forum, but have been shooting stock for a couple of years now.
Here is my question: Is there any license provided by any microstock agency that allows somebody to buy my images and then sell prints of it (without any modification) without even crediting the photographer?

Almost all the agencies offer an extended license (more money for more rights) to cover this sort of use. Some of them have a limit on how many copies (although how that would ever been enforced is a big question).

Many agencies let you opt out of extended licenses so you can skip that sort of license if you plan to sell your own prints.

Greg_Brave · « **Reply #3 on:** November 04, 2016, 16:08 »

Quote from: Justanotherphotographer on November 04, 2016, 15:32

Yes.

Could you please elaborate on that answer?

For example I went through Shutterstock's licenses and didn't find that type of license (of course maybe I didn't understand something there).

cathyslife · « **Reply #4 on:** November 04, 2016, 16:13 »

Quote from: Greg_Brave on November 04, 2016, 16:08

Quote from: Justanotherphotographer on November 04, 2016, 15:32
Yes.

Could you please elaborate on that answer?

For example I went through Shutterstock's licenses and didn't find that type of license (of course maybe I didn't understand something there).

Jo Ann gave the correct answer.

Greg_Brave · « **Reply #5 on:** November 04, 2016, 21:25 »

Quote from: Jo Ann Snover on November 04, 2016, 16:07

Quote from: Greg_Brave on November 04, 2016, 15:17
Hello Everybody!
I'm new to this forum, but have been shooting stock for a couple of years now.
Here is my question: Is there any license provided by any microstock agency that allows somebody to buy my images and then sell prints of it (without any modification) without even crediting the photographer?

Almost all the agencies offer an extended license (more money for more rights) to cover this sort of use. Some of them have a limit on how many copies (although how that would ever been enforced is a big question).

Many agencies let you opt out of extended licenses so you can skip that sort of license if you plan to sell your own prints.

For example, here are Shutterstock's rules:
IMAGE LICENSES

A STANDARD IMAGE LICENSE grants you the right to use Images:
As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile "apps", software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc., subject to the budget limitations set forth in sub-paragraph I.a.i.4 below);
Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, billboards, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 500,000 times in the aggregate;
As part of an "Out-of-Home" advertising campaign, provided the intended audience for such campaign is less than 500,000 gross impressions.
Incorporated into film, video, television series, advertisement, or other multimedia productions for distribution in any medium now known or hereafter devised (each a "Production"), without regard to audience size, provided the budget for any such Production does not exceed USD $10,000;
For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind).
AN ENHANCED IMAGE LICENSE grants you the right to use Images:
In any manner permitted under a Standard Image License, without any limitation on the number of reproductions, impressions, or budget;
Incorporated into merchandise intended for sale or promotional distribution (collectively "Merchandise"), including, without limitation, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates material creative or functional elements apart from the Image(s).
In wall art (and without requiring further creative or functional elements) for decorative purposes in a commercial space owned by you or your client, and not for sale.
Incorporated as elements of digital templates for sale or distribution.

Nowhere here can I see that it is allowed. I specifically marked in bold the relevant lines that restrict such usage. Is there something I am missing?

Sean Locke Photography · « **Reply #6 on:** November 04, 2016, 22:04 »

"AN ENHANCED IMAGE LICENSE grants you the right to use Images:

In any manner permitted under a Standard Image License, without any limitation on the number of reproductions, impressions, or budget;
Incorporated into merchandise intended for sale or promotional distribution (collectively "Merchandise"), including, without limitation, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates material creative or functional elements apart from the Image(s)."

http://www.shutterstock.com/license

SpaceStockFootage · « **Reply #7 on:** November 04, 2016, 23:08 »

Would seem like you can't on Shutterstock then. Unless your client is displaying the wall art in a commercial space, and you'd need a license per sale.

Greg_Brave · « **Reply #8 on:** November 05, 2016, 00:23 »

Quote from: Sean Locke Photography on November 04, 2016, 22:04

"AN ENHANCED IMAGE LICENSE grants you the right to use Images:

In any manner permitted under a Standard Image License, without any limitation on the number of reproductions, impressions, or budget;
Incorporated into merchandise intended for sale or promotional distribution (collectively "Merchandise"), including, without limitation, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates material creative or functional elements apart from the Image(s)."

newbielink:http://www.shutterstock.com/license [nonactive]

Sean, look at the last part - it says "provided that such Merchandise incorporates material creative or functional elements apart from the Image(s)" - to me it means that what you sell has to include something else in addition to the image you purchased

Sean Locke Photography · « **Reply #9 on:** November 05, 2016, 07:55 »

Here then, from Fotolia:
2.2 Extended License. In addition to the standard license, you may distribute the Work as incorporated onto any item of merchandise or other work of authorship. For clarification you, may use, reproduce, distribute or display the Work in connection with (a) design template applications intended for resale; (b) any goods or services intended for resale or distribution, including, without limitation, mugs, t-shirts, posters, greeting cards, posters or other merchandise, and any "print on demand" or tangible or electronic formats;

Pauws99 · « **Reply #10 on:** November 05, 2016, 07:58 »

Quote from: Greg_Brave on November 05, 2016, 00:23

Quote from: Sean Locke Photography on November 04, 2016, 22:04
"AN ENHANCED IMAGE LICENSE grants you the right to use Images:

In any manner permitted under a Standard Image License, without any limitation on the number of reproductions, impressions, or budget;
Incorporated into merchandise intended for sale or promotional distribution (collectively "Merchandise"), including, without limitation, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates material creative or functional elements apart from the Image(s)." Like the canvas its printed on? It is quite unclear but I suppose the advice you've got from people who've been in this game a long time is correct.

http://www.shutterstock.com/license

Sean, look at the last part - it says "provided that such Merchandise incorporates material creative or functional elements apart from the Image(s)" - to me it means that what you sell has to include something else in addition to the image you purchased

I presume this includes material eg the canvas its printed on although being in legal speak its not very clear

ShadySue · « **Reply #11 on:** November 06, 2016, 19:07 »

Quote from: Pauws99 on November 05, 2016, 07:58

Quote from: Greg_Brave on November 05, 2016, 00:23
Quote from: Sean Locke Photography on November 04, 2016, 22:04
"AN ENHANCED IMAGE LICENSE grants you the right to use Images:

In any manner permitted under a Standard Image License, without any limitation on the number of reproductions, impressions, or budget;
Incorporated into merchandise intended for sale or promotional distribution (collectively "Merchandise"), including, without limitation, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates material creative or functional elements apart from the Image(s)." Like the canvas its printed on? It is quite unclear but I suppose the advice you've got from people who've been in this game a long time is correct.

http://www.shutterstock.com/license

Sean, look at the last part - it says "provided that such Merchandise incorporates material creative or functional elements apart from the Image(s)" - to me it means that what you sell has to include something else in addition to the image you purchased
I presume this includes material eg the canvas its printed on although being in legal speak its not very clear

If so, that would include paper, so not at all restrictive, but of course, like you say, ambiguous.
I'd have thought it was more like being blended with another image, or having text of some sort.

ShadySue · « **Reply #12 on:** November 06, 2016, 19:11 »

iStock extended licence:
"Up to 100,000 postcards, greeting cards or other cards, stationery, stickers and paper products;
Up to 10,000 posters, calendars or other similar publications, mugs or mousepads; or
Up to 2,000 t-shirts, sweatshirts, or other apparel, games, toys, entertainment goods like CDs or DVDs, framed or mounted artwork.
Unlimited for electronic products such as mobile applications and electronic templates."

unnonimus · « **Reply #13 on:** December 27, 2016, 02:24 »

licenses whereby media content is resold on a per unit basis is known as "mechanical licensing", and usually, a portion of each sale goes to the owner of the media used.

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Author Topic: Question regarding uses of images (Read 3562 times)

Greg_Brave

Justanotherphotographer

Jo Ann Snover

Greg_Brave

cathyslife

Greg_Brave

Sean Locke Photography

SpaceStockFootage

Greg_Brave

Sean Locke Photography

Pauws99

ShadySue

ShadySue

unnonimus

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