Microstock Photography Forum - General > Newbie Discussion

street art usually editorial, but some agencies accept them for commercials

(1/2) > >>

kall3bu:
I am confused about street art, murals, graffities, because Alamy and Adobe seems to accept them sometimes for commercials and most other agencies accept them only for editorial or even do not accept them at all.

To be safe in any way, best is to upload them just for editorial.

But would you try to upload them, as commercial if there are agencies out there accept them for commercials? And as editorial at that agencies who only accept them for editorial?

If the artist of the street art makes problems, who will get the problem? Me, or the agencies who accept them for commercial?

I am planning to upload many street art images from Georgetown, Penang, Malaysia. (As I found out, not to many people buy them, but I keyworded them already, so why not upload them?)

On the other side: Who will buy and use them for commercial? I guess, mostly they just use them for editoral use even if they are set for commercial use, isnīt it?

ShadySue:
Alamy does not accept Street art commercially and indeed often has purges removing murals etc from their editorial collection. However, you may be confused because they can get accepted at submission stage. That's because you, the professional artist, are assumed to know what you're doing. If you think about it, you don't indicate until after acceptance whether or not you have releases. So you would need to indicate that you do not have releases for the street art. Once you have done that, the responsibility passes to the buyer. To be extra safe, you can indicate editorial use only.
Take care.

kall3bu:
Thank you for your advice. Of course I was thinking the same especially in case of safeness.
But I indeed found on Alamy some street art murals online to buy for commercial - online already for some years. But as everywhere, it could also just happend by accident that that images are still online for commercials.
Adobe: I wondered very much. But might be also happend by accident.
I will upload them for editorial. Seems even not a big market for them. But before I found out, they will not sale much, I did the keywording already including the right order for Adobe and Alamy and tried not to put to many keywords on them, just the important ones. So, only uploading and submitting left - the smallest part of work.

In gemeral again: Did I get you right? If I upload an image, which gets accepted from the most agencies for commercials, and only sent back for editorial from Getty iStock and other picky agencies, then I will not get problems with the commercials, if somebody use it at commercial, but a property owner or a persons, who at least thinks is recocnizable on the image complains about it? It is then the buyer who get problems?

ShadySue:

--- Quote from: kall3bu on October 07, 2020, 03:04 ---Thank you for your advice. Of course I was thinking the same especially in case of safeness.
But I indeed found on Alamy some street art murals online to buy for commercial - online already for some years. But as everywhere, it could also just happend by accident that that images are still online for commercials.
Adobe: I wondered very much. But might be also happend by accident.
I will upload them for editorial. Seems even not a big market for them. But before I found out, they will not sale much, I did the keywording already including the right order for Adobe and Alamy and tried not to put to many keywords on them, just the important ones. So, only uploading and submitting left - the smallest part of work.

In gemeral again: Did I get you right? If I upload an image, which gets accepted from the most agencies for commercials, and only sent back for editorial from Getty iStock and other picky agencies, then I will not get problems with the commercials, if somebody use it at commercial, but a property owner or a persons, who at least thinks is recocnizable on the image complains about it? It is then the buyer who get problems?

--- End quote ---
You will probably find in your contract that you will be responsible.

On Alamy, you would be responsible if you said you had releases and didn't. Whether by accident* or design, I've seen files on Alamy which indicate they have releases when I just don't believe it, e.g. a military tattoo* with literally hundreds of musicians parading. Actually, on Alamy, I almost always indicate 'needs release' and 'no release' if there's any sort of property in the image, which would be all street photos. Also they require model releases for tiny bits of people, or even distant, out of focus blurs - images which would normally be accepted everywhere.
*After I saw the tattoo pics, I checked my port and found somehow I had indicated I had releases for an image forwhich I didn't, which was an accident. Luckily, it was a low-risk image; but still, as it was a stupid accident, it could just as well have been a high-risk image, though for these I usually also tick the 'editorial only' box.
https://www.alamy.com/blog/releases-who-what-when-where-why (short version)
https://www.alamy.com/help/what-is-model-release-property-release.aspx (more details)

Lets face it, do you really want to have the bother/expense of fighting a legal case for the sake of a few cents? The 'picky agencies' have decided that they really don't want that sort of hassle and that should be a 'hint'.

kall3bu:
#Lets face it, do you really want to have the bother/expense of fighting a legal case for the sake of a few cents? The 'picky agencies' have decided that they really don't want that sort of hassle and that should be a 'hint'.#

You are right. I was thinking about setting images editorial which could be commercial on many sites, but not on that picky ones, just to be sure of no risk.

I did a test by uploading ONE street art image for commercial to check, if it is possible on iStock. Like expected, they suggested to submit them as editorial. Then I was braver and submitted directly 65 images as editorial, but got them ALL rejected for copyright problems. I should have submit ONE first in that case too. Well, I will upload my 5 best from that 65 as editorial at other agencies and if non of the 5 getting sold, I better forget about the other 60.

Navigation

[0] Message Index

[#] Next page