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Author Topic: RF/Editorial/RM/Unacceptable for stock  (Read 4445 times)

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« on: December 15, 2013, 14:57 »
0
Hi,

I always have many problems, when deciding whether I should put my photo to standard RF or Editorial collection. Some sites like 123RF make it easy and make that selection for me. But as the result of different approaches by different sites I have many images on one site as Standard RF, on the other as Editorial RF. Is it ok like that? I do not put any image as RF on one site, when it is RM on the other, this thing is clear. I take mostly travel photos(nature, architecture, etc.) and some of the buildings are protected by Intellectual Property Rights and sometimes happens I am not aware of it. For example I took a photo of Atomium in Belgium. Some sites rejected these images, some took them as Standard RF and some as Editorial. Recently I have found these two pages about image restrictions:
http://www.shutterstock.com/buzz/legal/stock-photo-restrictions
http://wiki.gettyimages.com/

Shutterstock says:

The Atomium
Located in Brussels, Belgium.
The building is a large model structure of an iron molecule.
Unacceptable for editorial or commercial use.

Istock/Getty says:

Located in Brussels and built for the 1958 Brussels World Fair (Expo 58) the Atomium monument is a representation of a unit of iron crystal.
Imagery of the Atomium should be avoided in Royalty-Free content.
The Atomium may, however, be featured in Editorial content.

If I base my knowledge on what Istock/Getty says it is ok having photos of Atomium as Editorial, but not as Standard RF and I have my Atomium photos distributed under both licensing. What does it mean for me as a photographer? Can I have any problems because of it? Some of the stock sites have in their agreements that photographer is the one responsible for his content and any legal issues that may it cause. On the other hand I have read some articles saying that the one that should be aware of these legal issues is the publisher, not the photographer. How it is in a reality? These days I have nightmares, because I have sold on Pixmac an extended RF license of my photo showing Atomium itself.  :-\


« Reply #1 on: December 15, 2013, 15:32 »
+1
So your question has nothing to do with Symbiostock? Perhaps a moderator can move this to a better location if that's the case.

I'm not sure how editorial use of any building could be a problem, but I'm not an expert in this area. I do know that the agencies get to make rules about what they will and won't accept in a certain category which may not reflect the legal realities but just their tolerance for risk.

« Reply #2 on: December 15, 2013, 15:45 »
0
Oh, sorry... I wanted to put it in General and by mistake posted in Symbiostock-General. Could someone move it, please?

EDIT: Thanks for moving my topic  :)
« Last Edit: December 15, 2013, 16:27 by karkozphoto »

« Reply #3 on: December 16, 2013, 03:26 »
0
Pictures of the atomium can not be used as RF see more info on their site http://atomium.be/AuthorsRights.aspx?lang=en

« Reply #4 on: December 16, 2013, 04:09 »
0
Pictures of the atomium can not be used as RF see more info on their site http://atomium.be/AuthorsRights.aspx?lang=en


"The rights are managed by SABAM and by Atomium asbl, both appointed by Mr Andr Waterkeyn, in his lifetime, and now by his trustees. Consequently, any use of the image of the Atomium must be submitted to the organisation before it is published.

Prices depend on whether it is to be used for a cultural, educational or commercial purpose."

But uploading to stock site is not publishing, is it? What I mean, if someone bought my photo, let's say want to use it to make a postcard, he is the one that should ask the organisation for permission before it is published, is he? If he doesn't do this, he is the one making legal issues, not me, am I right? Should I delete my photos from the sites that accepted it as a regular RF?

« Reply #5 on: December 16, 2013, 04:39 »
+1
I would remove them from RF, just to avoid any risk of legal trouble and having to search for a lawyer. I also don't want people that eventually bought my pictures having troubles too.

Uncle Pete

« Reply #6 on: December 17, 2013, 02:21 »
0
Did you mean something else? SS and IS (and many other Microstock sites) Editorial are RF, but are Editorial Usage only. Another problem is that some people have found Editorial images used commercially after being downloaded from an agency with the correct limitations.

I didn't see it, but another opinion is the final user is responsible for all legal decisions, not the agency and not the photographer.


Pictures of the atomium can not be used as RF see more info on their site http://atomium.be/AuthorsRights.aspx?lang=en

« Reply #7 on: December 17, 2013, 02:50 »
0
Yes, thank you for pointing that out, I mean indeed only sell with "editorial usage only"  (I'm uploading these type of files to Alamy as RM now, that's why I was a bit confused). When a buyer uses "unreleased" content as commercial that's indeed his responsibility.

Did you mean something else? SS and IS (and many other Microstock sites) Editorial are RF, but are Editorial Usage only. Another problem is that some people have found Editorial images used commercially after being downloaded from an agency with the correct limitations.

I didn't see it, but another opinion is the final user is responsible for all legal decisions, not the agency and not the photographer.


Pictures of the atomium can not be used as RF see more info on their site http://atomium.be/AuthorsRights.aspx?lang=en

« Last Edit: December 17, 2013, 02:57 by 7Horses »


 

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