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hi,

 

i am also new to alamy and i have some questions about legal issues.

 

As all we know we can upload any image to alamy if it passes qc and we are free to choose between RM and RF or we can answer whatever we like to "is this image requires property release" question. No one cares.

 

Ok well my question is if i choose wrong answer what will happen? For example if i choose there is no one in that image (totally mistakenly) BUT there are some people on that image whose responsibility is that or if i choose that image does not require property release BUT again it actually does what happen?

 

There are lots of images in alamy which other agencies do not allow to upload even RM or editorial like Universal Studios interior.

 

I could not decide what to upload because actually i dont want to be sued because i dont know a place requires property release or not. People in alamy do not care too much about this issue but it is a serious matter.

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actually definition of editorial and RM is the problem. In other micro stock agencies there is a clear line between editorial and non-editorial.

 

In alamy if you upload images without release automatically go to RM. But still they are not editorial.

 

Because they are not editorial, they must be non-editorial. How can we sell non-editorial images without releases?

 

Is RM contract cover the usage of non-editorial images without release? Or do we have all the responsibility as contributors?

 

If RM contract cover the usage of editorial than why is that an editorial section in alamy?

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Editorial refers to the nature of the usage, not to the nature of the picture. As far as the image is concerned, it's either RM or RF. The use to which it is put is up to the client, subject to the constraints of the licence type and any restrictions you've placed on it.

 

Property: if you're in any doubt about whether a property needs release, say yes.

 

People: if there's as much as a part of a person in the picture you need to mark it as release required. As Geoff says, just don't make mistakes. If you view your images at 100% before submitting (which of course you do otherwise you wouldn't know whether they're up to the technical standard required) then you will easily spot any humans or parts thereof.

 

Alan

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thank you for your answers,

 

so, as i understand i will upload my images (with people, without release) under RM and i do not have any responsibility after that. All legal responsibility is on the client, if he/she wants to use my image as commercial - advertisement without model release its his problem.

 

But again why there is an editorial option? Why would i choose editorial while i can upload images as RM?

 

When do you choose editorial?

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thank you for your answers,

 

so, as i understand i will upload my images (with people, without release) under RM and i do not have any responsibility after that. All legal responsibility is on the client, if he/she wants to use my image as commercial - advertisement without model release its his problem.

 

But again why there is an editorial option? Why would i choose editorial while i can upload images as RM?

 

When do you choose editorial?

 

Legal responsibility is for the courts to determine. If your image is used improperly in a commercial way it is quite possible that the offended party (person or property rights holder) may instigate legal action against the client who licenced your photo, the photographer or the  agency who licenced the photo, most likely all three. The courts will determine  who is at fault but it is the photographer who has to defend themselves and probably at some considerable expense. 

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thank you for your answers,

 

so, as i understand i will upload my images (with people, without release) under RM and i do not have any responsibility after that. All legal responsibility is on the client, if he/she wants to use my image as commercial - advertisement without model release its his problem.

 

But again why there is an editorial option? Why would i choose editorial while i can upload images as RM?

 

When do you choose editorial?

 

Legal responsibility is for the courts to determine. If your image is used improperly in a commercial way it is quite possible that the offended party (person or property rights holder) may instigate legal action against the client who licenced your photo, the photographer or the  agency who licenced the photo, most likely all three. The courts will determine  who is at fault but it is the photographer who has to defend themselves and probably at some considerable expense. 

 

 

Famously http://news.bbc.co.uk/1/hi/world/europe/8612575.stm

 

I know the agency ended up in court (one based in Barcelona) and IIRC, the photographer was involved at some point.

 

Answer is.................

 

Indemnity insurance.....

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thank you for your answers,

 

so, as i understand i will upload my images (with people, without release) under RM and i do not have any responsibility after that. All legal responsibility is on the client, if he/she wants to use my image as commercial - advertisement without model release its his problem.

 

But again why there is an editorial option? Why would i choose editorial while i can upload images as RM?

 

When do you choose editorial?

 

Legal responsibility is for the courts to determine. If your image is used improperly in a commercial way it is quite possible that the offended party (person or property rights holder) may instigate legal action against the client who licenced your photo, the photographer or the  agency who licenced the photo, most likely all three. The courts will determine  who is at fault but it is the photographer who has to defend themselves and probably at some considerable expense. 

 

 

Famously http://news.bbc.co.uk/1/hi/world/europe/8612575.stm

 

I know the agency ended up in court (one based in Barcelona) and IIRC, the photographer was involved at some point.

 

Answer is.................

 

Indemnity insurance.....

 

What else do you know?

One can imagine the photographer giving a statement but that's all if he annotated correctly.

There may be a lot of beef between the two countries but being incorrectly assumed to be Turkish isn't defamatory.

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thank you for your answers,

 

so, as i understand i will upload my images (with people, without release) under RM and i do not have any responsibility after that. All legal responsibility is on the client, if he/she wants to use my image as commercial - advertisement without model release its his problem.

 

But again why there is an editorial option? Why would i choose editorial while i can upload images as RM?

 

When do you choose editorial?

 

 

 

Would you clarify where it is you're seeing this option to choose editorial? Do you mean in the restrictions section when keywording?

 

Geoff.

 

 

 

http://www.alamy.com/stock-photo-mar-21-2007-london-england-uk-release-date-april-20-2007-director-90174227.html#.V2u9fH0OIzQ

 

 

for example this photo clearly defined as editorial. but many similiar photos as same series are just RM. 

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thank you for your answers,

 

so, as i understand i will upload my images (with people, without release) under RM and i do not have any responsibility after that. All legal responsibility is on the client, if he/she wants to use my image as commercial - advertisement without model release its his problem.

 

But again why there is an editorial option? Why would i choose editorial while i can upload images as RM?

 

When do you choose editorial?

 

Legal responsibility is for the courts to determine. If your image is used improperly in a commercial way it is quite possible that the offended party (person or property rights holder) may instigate legal action against the client who licenced your photo, the photographer or the  agency who licenced the photo, most likely all three. The courts will determine  who is at fault but it is the photographer who has to defend themselves and probably at some considerable expense. 

 

 

Famously http://news.bbc.co.uk/1/hi/world/europe/8612575.stm

 

I know the agency ended up in court (one based in Barcelona) and IIRC, the photographer was involved at some point.

 

Answer is.................

 

Indemnity insurance.....

 

What else do you know?

One can imagine the photographer giving a statement but that's all if he annotated correctly.

There may be a lot of beef between the two countries but being incorrectly assumed to be Turkish isn't defamatory.

 

 

If you want the full SP, ask Alfonso on his Yammer forum.

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One can imagine the photographer giving a statement but that's all if he annotated correctly.

 

There may be a lot of beef between the two countries but being incorrectly assumed to be Turkish isn't defamatory.

 

 

 

It is if you're Greek!

 

Since the company says they licensed it in good faith from a library I'm guessing the photographer didn't annotate it correctly. The library would hardly add the word 'Turkish' itself so my guess is the photographer either mis-identified the man or put both 'Greek' and 'Turkish' in the keywords in the mistaken belief that it was OK to mix them up.

 

Alan

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