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Author Topic: RF, RM license vs redbubble, zazzle site.  (Read 4849 times)

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« on: September 23, 2010, 09:08 »
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Hi all,

I think there is no problem to sell our RF images in redbubble, zazzle and those P.O.D sites..

how about RM images?

I think selling as prints on those site is not violated of RM license, but would like to get a confirmation here..thanks!


« Reply #1 on: September 23, 2010, 09:39 »
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As long as no RM buyer requires exclusivity, there is no problem.

I don't remember if Alamy has an option for saying the image is available for exclusivity or not, in which case you would have to check "no".

« Reply #2 on: September 24, 2010, 01:33 »
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so RM images is fine to use on zazzle too?

zazzle seems to sell many kind of products...

« Reply #3 on: September 24, 2010, 02:29 »
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It all depends under which sort of "RM" licence you are selling. If it is Alamy's TL licence, then you can still do what you like with your images.
If it is the full RM version, in which your agency can guarantee exclusive rights to usage in a given area, then you should probably not be using the image elsewhere as any sale made after the image is licensed would risk violating the terms of that licence.

Alamys TL licence is really just like a time-restricted RF licence. People buy for a single use without getting any guarantees about whether any one else is using it.

« Reply #4 on: September 24, 2010, 05:24 »
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i think in alamy there RM-Licensed, RM-rights protected..

I read somewhere people advise to set it as RM-L, since if a buyer need to use as RM rights protected, alamy will still check with you..

so if the images had been sold in zazzle as a mousepad, or a prints in redbubble, does it mean it is violating RM rights protected?

My thought is it is not, since there wasn't any commercial usage.. am i right?

« Reply #5 on: September 24, 2010, 06:48 »
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i think in alamy there RM-Licensed, RM-rights protected..

I read somewhere people advise to set it as RM-L, since if a buyer need to use as RM rights protected, alamy will still check with you..

so if the images had been sold in zazzle as a mousepad, or a prints in redbubble, does it mean it is violating RM rights protected?

My thought is it is not, since there wasn't any commercial usage.. am i right?

First - yeah RM-L and RM-RP are the two different licenses I am talking about.

Selling on Zazzle etc, is commercial usage. IF you immediately deactivate your Zazzle etc products the moment an image is sold  RM-RP then there probably isn't a problem. If you continue selling it on Zazzle then you will very probably be infringing the licence you sold.

Imagine someone pays $10,000 for the exclusive right to license your image on merchandise in Europe, do you really think selling mousepads worldwide on Zazzle would not infringe that licence?

« Reply #6 on: September 24, 2010, 16:19 »
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Take into account also that a buyer may want to know how the image has been used before. If this was ever sold as RF somewhere, you can not tell.  Not all RM buyers, possibly very few in fact, will request this information. None of my direct sales also ever required regional exclusivity.

« Reply #7 on: November 23, 2010, 07:47 »
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i come back for this old thread about RM images usage..

What i understand we are still free to use our image that had licensed as RM, but do we have to state that the usage history of that image?

If i had an image that i used in my blog and had licensed it as RM, do i have to provide my blog usage as part of the history? thanks. Am i free to use my own images that had been licensed as non-exclusive RM?

« Reply #8 on: November 23, 2010, 15:04 »
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I don't know how sites deal this when a buyer request an information. I suppose they ask us. 

MyLoupe lets you include any restrictions in place. For instance, if you sell elsewhere an RM image with exclusively rights to be used in a certain country, you may include a line there saying so. I never did it, so I don't know how this works on the buyer's side, maybe it's just an alert - if so, it's quite useless. Imagine you have this observation, but someone buys it anyway - what do you say to the first buyer if he sees someone using that same image?

I was never required a geographical exclusivity however in any of my direct negotiations. Given the worldwide spread of any printed media these days, I would try to negotiate a worldwide non-exclusive rights.

About the blog, I think it depends. If it is a blog/website about your work as a photographer, I think it doesn't need to be stated. However, if the image is used to be illustrating a blog/website in a more generic way (a personal blog, for instance), then I think it would be better to state this use. 


 

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