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I thought they never happen. Can someone help me out and explain why and in what ways can an Editorial EL be used?Thank you and enjoy your weekend.Sent from my iPhone using Tapatalk
one simple way would be if the editorial part of the image could be cropped or blurred out
Quote from: cascoly on March 13, 2015, 14:46one simple way would be if the editorial part of the image could be cropped or blurred outBut Shutterstock would still only be selling an editorial license, so the buyer would still be limited to editorial purposes by that.
Not necessarily true. The buyer can determine the proper use on their own. The license only covers us and the agency as far as approved use, notification. The buyer may determine on their own that they don't need a release to use an image. At least that's the way I read the license?
Quote from: Uncle Pete on March 13, 2015, 20:50Not necessarily true. The buyer can determine the proper use on their own. The license only covers us and the agency as far as approved use, notification. The buyer may determine on their own that they don't need a release to use an image. At least that's the way I read the license?Not the way I read it. From Shutterstocks license terms' catalogue of things you are not allowed to do: "17. Use an Image marked "Editorial Use Only" for commercial purposes."
Saying that, protects SS, it's not necessarily what the LAW says.The answer for me would be, does SS (or any other agency) pursue anyone for using an image licensed as Editorial, as commercial, at their own risk? Which also doesn't make it legal, but would at least show that they tried to enforce the license.The way I have seen this is this: Final use is the responsibility of the buyer.Anyway, yes there are a number of legal editorial uses that someone might want an EL. Large publication over a long period of time, text book, high circulation magazine or newspaper.Quote from: MarcvsTvllivs on March 14, 2015, 11:01Quote from: Uncle Pete on March 13, 2015, 20:50Not necessarily true. The buyer can determine the proper use on their own. The license only covers us and the agency as far as approved use, notification. The buyer may determine on their own that they don't need a release to use an image. At least that's the way I read the license?Not the way I read it. From Shutterstocks license terms' catalogue of things you are not allowed to do: "17. Use an Image marked "Editorial Use Only" for commercial purposes."
Quote from: Uncle Pete on March 14, 2015, 11:30Saying that, protects SS, it's not necessarily what the LAW says.The answer for me would be, does SS (or any other agency) pursue anyone for using an image licensed as Editorial, as commercial, at their own risk? Which also doesn't make it legal, but would at least show that they tried to enforce the license.The way I have seen this is this: Final use is the responsibility of the buyer.Anyway, yes there are a number of legal editorial uses that someone might want an EL. Large publication over a long period of time, text book, high circulation magazine or newspaper.Quote from: MarcvsTvllivs on March 14, 2015, 11:01Quote from: Uncle Pete on March 13, 2015, 20:50Not necessarily true. The buyer can determine the proper use on their own. The license only covers us and the agency as far as approved use, notification. The buyer may determine on their own that they don't need a release to use an image. At least that's the way I read the license?Not the way I read it. From Shutterstocks license terms' catalogue of things you are not allowed to do: "17. Use an Image marked "Editorial Use Only" for commercial purposes."No, of course that's not what the law says. But licenses are only valid within the restrictions that they give, and those contractual restrictions are the licensor's (SS) to set. Meaning that with a clause like no. 17 up there, if you use an editorial photo for commercial purposes anyway, it's the same as if you are using it without a license.The practical relevance may still be pretty much zero. What's editorial anyway? Hard to say from case to case, and I as an author certainly don't particularly care how my editorial images are used so long as trouble doesn't fall back on me.
Right. I wasn't trying to dispute that your opinion is yours alone to have. I was thinking of the buyer side. I was trying to make sure people (buyers) don't read this thread and think they're in the clear to do whatever with an editorial image. They're not and I as a buyer wouldn't do it without individually checking back with the agency.
