Microstock Photography Forum - General > Symbiostock - General
Symbiostock Needs its Own Licensing System
Pilens:
I'd be happy with just "RF standard" (limited use) and "RF Extented" (unlimited use) IF I can easily
- define different price levels (e.g. for SY exclusive content, hi-res (60MP+) panoramas, etc.)
- define usage limitations for certain groups of images without model/property releases, that contain logos, artworks, etc... (not sure if marking them "editorial" will be enough to differentiate.
In either of these cases I'd like to have customizable text on image pages that inform buyers on those limitations/differentiations of the "RF standard"/"RF Extented" licenses. This text could also include an invitation to negotiate special demand deals.
RM licensing, as good as it may sound from the seller's perspective, is problematic because it can be confusing for buyers (and sellers) that are not familiar with the concept. It also comes with some overhead of, well, right management and consequently policing that I'd rather like to avoid.
jsfoto:
--- Quote from: Pilens on May 19, 2013, 16:38 ---I'd be happy with just "RF standard" (limited use) and "RF Extented" (unlimited use) ...
--- End quote ---
I agree ... this is exactly what I intend to use.
Kerioak~Christine:
I have edited my EULA (again) and removed all mention of royalty free - constructive comments would be appreciated
~~
End User License Agreement
Stockimages.Kerioak.com Stock Image End User Licence Agreement
It is the intention of Christine Nichols of stockimages.kerioak.com that these conditions shall be in plain English and users of this site agree, by using the site, that the spirit as well as the wording shall be taken into account.
The following is an agreement between you (licensee) and Christine Nichols of stockimages.kerioak.com (copyright owner of image) and you agree to be bound by the terms and conditions of this agreement which may change without notice and you agree to be bound by such changes. By using this site for any purpose you agree to be bound by these terms and conditions
1 Definitions:
Symbiostock: Linked community of individual copyright holders making their images available through their own sites
You, Licensee, End User: person or entity licensing image
Me, My, Us, I, We, Our, Artist : Christine Nichols of stockimages.kerioak.com - Copyright owner who confirms that the work offered for sale is solely their own work and owned and created by them.
Copyright: Intellectual Property right owned by the photographer/designer/artist of photographs, pictures, drawings, designs, vectors,
Image: Photograph, vector, illustration, drawing, painting, brush set, any licensable item
2 Licence Terms
Standard Licence
On receiving full payment for specific high resolution image(s) I grant the End User a perpetual, non-exclusive, non-transferable worldwide licence to use the image in the following ways:
Advertising and promotional material, flyers and brochures up to print run limit of 100,000 copies
Book editorial content or cover
Single fine art print,
Electronic media, website-maximum dimension of 800 pixels on longest side
This list is not exhaustive, see restrictions below or if you have any queries contact Copyright holder
Extended or Special Licences
Extended licences are required for re-print and sale on demand items such as calendars, mugs, clothing, greeting cards (online or print), multiple fine art prints and print runs over 100,001 items. Contact Copyright holder for fees. Restrictions as below will apply
Licencing Exclusive Rights to the Image for a limited period
On receiving full payment (price to be agreed) for specific high resolution image(s) the copyright holder agrees to exclusively licence the rights of said image(s) and remove it from sale anywhere else it may appear, within 96 hours. This image may have previously been licensed and be in use elsewhere, and there may be similar images shot at the same time which will remain available
Restrictions as below will apply
Editorial Images
Images marked as Editorial in the description will have no copyright or intellectual property releases and may contain copyrighted material or trademarks. The End User is responsible for seeking legal counsel for use of the image(s). The End User accepts responsibility for all liabilities that may arise from use of the image(s).
3 Restrictions
The Licensee/End User agrees that:
Images will have copyright details retained with the image credited whenever possible – this includes without exception all web use, book and editorial using one of the following formats
© Christine Nichols, stockimages.kerioak.com
© Kerioak, stockimages.kerioak.com
© Christine Nichols, Kerioak.com
© www.stockimages.kerioak.com
Images will not be used for sensitive topics without my prior written agreement. These include (but are not limited to):
Models with mental or physical health issues,
Sexual orientation or sexually related
Substance abuse
Criminal offences
Political endorsements,
Subjects that could be considered offensive, demeaning or unflattering.
If you have any queries contact Copyright holder
Image may not be used as trademark, service mark or logo unless copyright release is purchased
Copyright remains with me even if the licenced image is incorporated into other images or media.
Images will not be sub-licensed, assigned, transferred, given away, made available via on-line or other database, this includes facebook, flickr and similar sharing sites
The exception to this is if you have licensed the image for a client (e.g. website, advertising) when you must keep detailed records and make them available to the Copyright holder if requested. This is only likely to be required should an IP query arise. You may use the licensed image for one client. Should you wish to use the same image for another client you must licence it again.
Once you have completed payment for the license to use the Image, you are granted a non-exclusive, non-transferable right to use and reproduce the image in printed materials, or any electronic or digital form. In the latter case, each image should be incorporated into a design in such a manner to make it clear that the image is not intended to be separately downloaded, copied, or distributed and the image size in use must less than 800 pixels on the longest side.
“Non-transferable” means that the work you produce using a licensed Image must be for your own use, or if purchased on behalf of your employer or client, your employer or client must be the end-user of your work. You may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone the Image, or the right to use an Image, and nothing you produce shall grant or purport to grant to any third party a right to use or duplicate an Image. You agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Image.
4. Intellectual Property, Liability and Indemnify Limitation
You shall indemnify and defend the photographer against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (a) a breach of this Agreement, (b) the use or modification of any Image or combination of any Image with any other material, (d) your failure to abide by any restriction regarding the use of an Image, or (e) any claim by a third party related to the use of an Image, alone or in combination with any other material. The photographer warrants ownership of the copyright for the Image.
By using this site you understand that you take responsibility and assume all risk without limitation.
Stockimages.kerioak.com do not bear any responsibility for any shut-down of the site resulting in loss of profit, business information or any other financial losses regardless of whether it is due to navigation, technical, infringement, negligence, contract liabilities or other similar cases or situations or not.
By using this site you agree to indemnify and hold Christine Nichols and Stockimages.kerioak.com harmless from and against all claims, losses, damages, liability, costs, expenses incurred
Stockimages.kerioak.com have done their best to ensure that there are no Intellectual Property infringements within their images available to licence and permission from recognisable model’s will have been obtained, with the exception of those images marked as Editorial. It is however the licensee’s responsibility to ensure that the image(s) they download are fit for the purpose to which you wish to put them.
5. Applicable Law
This site is owned, managed and controlled by http://stockimages.kerioak.com located in England. The site is available worldwide and as each country may have different laws and acts the End User agrees that these Terms of Use are governed by the English Law and also agrees that any disputes arising which may be deemed wholly or partially unenforceable and cannot be settled by voluntary negotiation will be dealt with by the Judicial process in England.
Pinocchio:
--- Quote from: cascoly on May 18, 2013, 15:47 ---there's not even a standard definition of RF, RM and editorial (or even exclusive!), so no std licenses. I think best approach would be to have symbio come with some basic definition of those areas, and then let people customize them in the child theme
and RF doesn't necessarily have to mean cheaper - after all images sell on alamy for 10 - 100 times what they would on other agencies even when they're RF. I know from experience on ebay and amazon that buyers often don't even do simple comparisons.
--- End quote ---
Even though there are no standard licenses, there is a significant effort to standardise the terms that make up a license and make licenses machine-readable.
More information starting here https://www.useplus.com/aboutplus/system.asp - but there's a lot to read....
As far as I can tell, the material at this link makes no mention of either RF or RM. I recently saw a comment by Jeff Sedlik, the fellow leading the PLUS effort, this is because PLUS took an agnostic approach - they are trying to support all styles of licensing.
I have read on the IPTC web site that they enhanced the IPTC metadata to include the information the PLUS approach requires (IPTC did that some time ago). I also believe that PhotoShop CS6 now supports the enhanced IPTC metadata; I am still running CS4, so can't confirm.
Perhaps this offers a basis for constructing one or more licenses?
Regards
Kerioak~Christine:
That looks as if it would be very, very complicated to incorporate - it is bad enough just trying to get though one section and I admit, if I was trying to purchase a single small image I would give up on it very quickly with all the permutations that are involved
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