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Author Topic: Extended licence / editorial question  (Read 2293 times)

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« on: August 30, 2010, 16:28 »
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I've just sold an image through an extended licence - the image was accepted a few months ago. The thing that's worrying me is that it is an object that is now on the 'known image restrictions' list, but it wasn't submitted as Editorial. Could there be any legal comeback on me personally if it is used in a non-editorial way?


« Reply #1 on: September 04, 2010, 09:14 »
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The details are too vague to get a clear reply, I suspect.

Someone buying an EL is likely to be someone who knows the rules so there is a fair chance they wouldn't use it in a way likely to cause problems. If they did use it in a way that led to a complaint the main issue would be between them and the owner of the copyrighted object/logo. It is unlikely that it would come back on the photographer.

However, several sites have undermined this by providing guarantees of no legal comeback, which could lead to the user seeking recompense from the site. If that happened, it could activate the indemnity clause we have to sign up to everywhere. I don't know if it is legally acceptable for sites to give guarantees that are essentially putting photographers in jeopardy: maybe the site would have to meet any such claim itself.

The chances of anything coming back against you are minuscule, but if you are really bothered by it the best thing is probably to tell the site the EL has just reminded you of the image an you realise they've put it on their banned list since you sent it.  There are loads of photos floating around the sites with stuff that is officially disallowed (sometimes banned on one site but not on another). 

« Reply #2 on: September 04, 2010, 11:30 »
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Could there be any legal comeback on me personally if it is used in a non-editorial way?
The use of an image is the responsibility of a buyer. You never enter into the play, unless you uploaded a forged MR or PR for commercial, or the image isn't yours.


 

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