Author Topic: Questions about Editorial (Read 4377 times)

ShadySue · « **Reply #1 on:** May 17, 2012, 05:34 »

Quote from: Simon Alvinge on May 17, 2012, 04:15

I am considering uploading a few photos of mine that contain people I dont have model realease for, and some pictures that contains logos and copyright protected stuff I cant remove. I have never uploaded something for editorial before, and I wonder:

1. I dont risk any trouble if I sell these images as editorial? It is up to the costumer to use it the way they are suppose...
2. How well does editorial sell? If you compare it to a file that is the same, but you have the releases and sell it as RF. If normal RF files are 100% earnings, how many % would you say the the earnings for the same files as editorial would bring you?

1. Yes, it's up to the customer (though you might like to scour the small print of whichever agency you're thinking of submitting to).
2. Impossible to compare directly, for me anyway, as my editorials generally have groups of people and/or brands that you'd be extremely unlikely to get releases for, and that's the whole point.

SA · « **Reply #2 on:** May 17, 2012, 06:15 »

"1. Though you might like to scour the small print of whichever agency you're thinking of submitting to)."
what do you mean by scoure the small print? What is the small print?

"2. Impossible to compare directly, for me anyway, as my editorials generally have groups of people and/or brands that you'd be extremely unlikely to get releases for, and that's the whole point."
Yes but, i just want a rough estimate if editorials sell ok or not... Dont be afraid to "shout from the hip" as we say in Sweden!

ShadySue · « **Reply #3 on:** May 17, 2012, 06:22 »

Quote from: Simon Alvinge on May 17, 2012, 06:15

"1. Though you might like to scour the small print of whichever agency you're thinking of submitting to)."
what do you mean by scoure the small print? What is the small print?

The details of what buyers can and can't do with your images. They probably don't read them (vide gazillions not giving credit with editorial photos, which by the agreement, they must), but that's your cover.

Quote

"2. Impossible to compare directly, for me anyway, as my editorials generally have groups of people and/or brands that you'd be extremely unlikely to get releases for, and that's the whole point."
Yes but, i just want a rough estimate if editorials sell ok or not... Dont be afraid to "shout from the hip" as we say in Sweden!

You asked how they sell compared to similar photos with releases.
You can easily enough check editorial sales numbers overall for yourself.
"Sells OK" is relative. Someone might consider an image sells well if it gets 5 sales; some others would consider a file with only 100 sales a failure.

SA · « **Reply #4 on:** May 17, 2012, 06:56 »

1. What they can and cant do... Isnt that their problem not mine?

2. Ok i give up. Cant compare my own numbers since i obviously dont have any editorial myself yet. I guess i have to wait a few month to get this estimation myself when i can compare.

ShadySue · « **Reply #5 on:** May 17, 2012, 07:10 »

Quote from: Simon Alvinge on May 17, 2012, 06:56

1. What they can and cant do... Isnt that their problem not mine?

Read what I said above. And read the small print.
The answer is, broadly, yes, but ...

ShadySue · « **Reply #6 on:** May 17, 2012, 07:17 »

A reply I got from CR in response to an editorial image of mine that was being used in an indisputably commercial way, over months, online:
"We are still working on the ............. case. This is proving very difficult thus far as we have not had any success in locating this publishing company. We will keep pursing this matter.
Proactively, I would like to address a concern that has been brought up in the past in regards to a client using an editorial use only image for commercial purposes and the impact this may have on the contributor. We do review these cases on an individual basis, but in general assuming the contributor has absolutely no involvement with the user other than the fact that the contributor has uploaded the file to iStock and the user downloaded it from iStock and used inappropriately, the contributor is not be responsible for the user’s fault. You as the contributor have authorized the use of your uploaded "editorial only" files to only those uses deemed permissible by iStock. If the user is in breach of it, then that is the user’s fault as it is against both iStock’s and the contributor’s wishes.

Also, in response to my query about editorial uses, CR confirmed that this was necessary:
As per the CLA, Prohibited uses: Section 4. 14, you may not use the Content for editorial purposes without including the following credit adjacent to the Content or in audio/visual production credits: “©iStockphoto.com/Artist’s Member Name]. It is clearly stated within the terms of the Agreement, as are all of the other prohibited uses. and they said they would chase up infractors.
In reality, though, I suspect that even following up my non-credited editorial uses (remembering that main collection images can also be used editorially) would be very costly, and if my 'finds' echo proportionately all other uncredited editorial uses by other contributors, it would be financially unfeasible (in staff time).

~~NB, the top case above is resolved inasfar as the photo is now off the website~~ and another has been substituted. However, I had to keep rechecking the website myself to find that out.
Added: no, it's not 'off the website'. That web page has been changed, but the photo is still being used, commercially, on a different page on the same site (iTunes).

I've actually found quite a few 'commercial' uses of my editorial-only photos from iStock online, and follow them through with CR, as they requested.

ShadySue · « **Reply #7 on:** May 17, 2012, 07:18 »

(double post)

SA · « **Reply #8 on:** May 17, 2012, 07:28 »

Well, this further confirms that is is the user and not the contributor that will get in trouble if an editorial is "mis-used".

antistock · « **Reply #9 on:** May 17, 2012, 11:28 »

microstock editorial ? wasted time in most of the cases, especially because micro agencies just have no F... idea about dealing with editorial, it's simply not their job, micro is born and will live as RF in my opinion, that's what it's good for.

but in the end it all boils down to sales : i've good editorial sales with Getty RM and Alamy RM, on the other side very disappointing results with micros, lots of rejections for absurd reasons and you're lucky to score 4-5 download in one year for a nice editorial photo, on the other side famous logos like facebook, twitter, etc seems to sell fine but now agencies have been fllooded with this stuff.

as for legal issues, you must be crazy if you expect a cheap-as-s micro agency to sue somebody for using an editorial for commercial stuff ... forget it ... it can happen with Getty RM in the best scenario but even there good luck if it's outside US or EU.

cascoly · « **Reply #10 on:** May 17, 2012, 17:10 »

my editorial portfolios do at least as well as my other RF ; even at SS, which has basically stopped accepting editorial, my older editorial images sstill sell

but each portfolio is different, so you can't generalize across different photographers

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Author Topic: Questions about Editorial (Read 4377 times)

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