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Author Topic: Editorial images on our Symbio sites  (Read 1780 times)

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steheap

  • Author of best selling "Get Started in Stock"

« on: June 28, 2013, 17:49 »
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One of the "protections" of using the main stock agencies is that they do some sort of "copyright" check and decide if they are willing to display our images. On our Symbio sites, we are on our own. I think I understand the US copyright laws, and so have just uploaded an image of the Firefighter 9-11 statue in Jersey City near New York (which I am sure is OK as a standard editorial shot), but I have isolated the statue and put fireworks behind it in a commentary on celebrating heroes in the US. I think I have adequately described the image and the restrictions on it, but what do you think? Any other comment you would put there?

Steve

http://www.backyardstockphotos.com/image/firefighter-statue-at-exchange-place-jersey-city-3/


« Reply #1 on: June 28, 2013, 18:59 »
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Sounds like an illustration.  'Editorial' license typically means untouched and real, although there is no guarantee.  Hard to call this one.

steheap

  • Author of best selling "Get Started in Stock"

« Reply #2 on: June 28, 2013, 19:50 »
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Thanks Sean

I remember a case of someone making sufficient changes to a photograph that it counted as fair use and the new image was able to be copyrighted by the new photographer. This one is getting close to that, I think. I agree that it is probably not editorial in the sense of news, which shouldn't be modified, but fair use? Probably OK!

Steve

Leo Blanchette

« Reply #3 on: June 28, 2013, 22:37 »
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'Editorial' license typically means untouched and real, although there is no guarantee.

I never really knew what editorial was! It came onto the scene after I stopped uploading as a regular routine. I thought editorial was for news and exempt from many of the usual rules.

« Reply #4 on: June 29, 2013, 01:22 »
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I think there is news editorial which should be untouched within the picture itself and editorial which contains copyrighted elements.  Think of how often newspapers doctor pictures.

You have clearly described it, I would just put the bit about editorial on a line of its own, and maybe add an editorial category.  If I can also comment on your keywords, there are quite a few i cannot  see in your image

« Reply #5 on: June 29, 2013, 07:34 »
+1
I'd say this one is really tough since you've used copyrighted material to create a commercial product. I would probably either use it in its original form (marked as editorial) or not use it at all.


But I do have a suggestion that goes with the sale of images in general. It would be nice if the current EULA text together with the complete image description would automatically be included in the purchase receipt and a copy of this receipt would be sent to both parties, buyer and seller. This way the parties could anytime look up under which conditions the image has been sold.

And another suggestion would be to have a "No release, editorial use only!" mark as well, Just like it has been done with the "Exclusive Image" with the latest update.

« Reply #6 on: June 29, 2013, 07:40 »
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... And another suggestion would be to have a "No release, editorial use only!" mark as well, Just like it has been done with the "Exclusive Image" with the latest update.

+1

steheap

  • Author of best selling "Get Started in Stock"

« Reply #7 on: June 29, 2013, 08:00 »
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Maybe I should just email the sculptor!

I don't believe Editorial has to be newsworthy - it makes use of the Fair Use clause in US Copyright that says that using an image of a rolex watch to discuss the growth of luxury goods sales is a fair use of the copyrighted object for commentary, illustration or education. It could be argued that my image similarly allows a blog or newspaper to illustrate an article about the treatment of firefighters injured in the World Trade Center for instance. It couldn't be used on a commercial product or to advertize a commercial or political position, but there is nothing wrong with me selling the image to someone. The risk arises depending on how they later use it, I believe.

Steve

PS - and TInny is right about the keywords. That is what you get by using the keywords of the original image which did have buildings etc. behind it.
« Last Edit: June 29, 2013, 08:02 by steheap »

« Reply #8 on: June 29, 2013, 08:33 »
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[quote author=steheap link=topic=19807.msg326389#msg326389 date=1372510812


PS - and TInny is right about the keywords. That is what you get by using the keywords of the original image which did have buildings etc. behind it.
[/quote]

Thanks for not taking offence about that, I did wonder whether to include it or not.

UK papers quite often seem to include edited pictures, sticking politician's heads on various things for instance.

steheap

  • Author of best selling "Get Started in Stock"

« Reply #9 on: June 29, 2013, 08:58 »
0
Quote
Thanks for not taking offence about that, I did wonder whether to include it or not.

I thought it was very appropriate - that image did have a number of keywords that were just not applicable at all. Short cuts are not good sometimes!

Anyway, I've fixed it now.

Steve

« Reply #10 on: June 29, 2013, 09:14 »
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My Understanding:

Editorial Usage:  Image to be used for publication but not for commercial use ( news or website OK, t-shirt coffee mugs Not ok)

Editorial or Journalism image:  Image of a news worthy event.  Most media outlets don't like many changes to these images.

I think the Image the OP ( Steve) has would be good for Editorial Usage, but not as Journalism.  In this case, since it is someone else's art work I think it would be critical to credit the artist in the caption.

BTW my travel stock site is all editorial usage, since I don't have releases of the property and people in most of the images.


 

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