John Mitchell Posted February 19, 2018 Share Posted February 19, 2018 Someone has contacted me about using one of my images as a mural backdrop (indoor display) for a fund-raising event at a school. Does anyone know if this would be considered "education use," "promotional use," or some other kind of usage? I have the image set for editorial use only, so I'm wondering if licensing it for a fund-raiser -- even if it is for a school -- would be an appropriate thing to do. Tough question, I know. Thanks. Link to comment Share on other sites More sharing options...
fotoDogue Posted February 19, 2018 Share Posted February 19, 2018 Marking it Editorial Only on Alamy shouldn't prevent you from licensing the image for commercial use directly as long as it doesn't require releases. Since it's being used to raise money, I would consider basing the rate on indoor display/promotional use/non-profit-other. That may be well beyond the school's budget so it may be helpful to ask what their budget is. You didn't mention whether they want a digital file or if they expect a mural. If they want a mural sized print of course that would be extra. Link to comment Share on other sites More sharing options...
John Mitchell Posted February 19, 2018 Author Share Posted February 19, 2018 58 minutes ago, fotoDogue said: Marking it Editorial Only on Alamy shouldn't prevent you from licensing the image for commercial use directly as long as it doesn't require releases. Since it's being used to raise money, I would consider basing the rate on indoor display/promotional use/non-profit-other. That may be well beyond the school's budget so it may be helpful to ask what their budget is. You didn't mention whether they want a digital file or if they expect a mural. If they want a mural sized print of course that would be extra. I have the image set for editorial use both here and on my PS site, where the person found it. My concern is that although fund-raising for a school isn't really commercial use, it still involves bringing in money. I know that another biG stock photo agency doesn't include fund-raising in its standard editorial license, so I'm in a bit of a quandary. The image in question would need a release for commercial use AFAIK. They want the high-res file and would get the printing done themselves. Link to comment Share on other sites More sharing options...
Niels Quist Posted February 19, 2018 Share Posted February 19, 2018 What about making a short contract in which you state that they are fully responsible for the use of the editorial image and the obtaining of a release if this should be necessary for their use. Link to comment Share on other sites More sharing options...
John Mitchell Posted February 19, 2018 Author Share Posted February 19, 2018 Just now, Niels Quist said: What about making a short contract in which you state that they are fully responsible for the use of the editorial image and the obtaining of a release if this should be necessary. Good idea, but I'm not sure it's worth the hassle. Alamy includes 'Education / wall charts and posters' in its editorial-only licensing, but no mention of anything like education fund-raising. Link to comment Share on other sites More sharing options...
John Mitchell Posted February 19, 2018 Author Share Posted February 19, 2018 To make things even more confusing, other images of this subject (it's a shot of a famous mural) are available on Alamy for RM commercial use. In fact, I seem to be the only one who has checked the "for editorial use only" box in AIM. Similar images are also available for free on Creative Commons (CC "generic license," which apparently includes commercial use). P.S. I checked three other big stock agencies, and Alamy is the only one that doesn't have images of this subject restricted to editorial only. Link to comment Share on other sites More sharing options...
Avpics Posted February 19, 2018 Share Posted February 19, 2018 1 hour ago, John Mitchell said: To make things even more confusing, other images of this subject (it's a shot of a famous mural) are available on Alamy for RM commercial use. In fact, I seem to be the only one who has checked the "for editorial use only" box in AIM. Similar images are also available for free on Creative Commons (CC "generic license," which apparently includes commercial use). P.S. I checked three other big stock agencies, and Alamy is the only one that doesn't have images of this subject restricted to editorial only. I think most people tick 'no release' but leave 'editorial only' clear to put the onus on the client, which would be the purpose of the contract in Niels' suggestion. Link to comment Share on other sites More sharing options...
John Mitchell Posted February 19, 2018 Author Share Posted February 19, 2018 44 minutes ago, Avpics said: I think most people tick 'no release' but leave 'editorial only' clear to put the onus on the client, which would be the purpose of the contract in Niels' suggestion. Yes, I realize that. It's interesting, though, that stock agencies with edited collections have made the images I'm referring to available for editorial use only. They obviously want to protect themselves no matter what. Leaving things up to an inexperienced photo-buyer seems a bit iffy to me, so I'm probably going to err on the side of caution and pass on this one. Link to comment Share on other sites More sharing options...
Niels Quist Posted February 20, 2018 Share Posted February 20, 2018 I had also a few images of murals changed by Alamy half a year ago. http://discussion.alamy.com/topic/8087-street-art-images/ I'd say take care with murals, it probably also depends whether it is the main / only subject in the image - let the buyer take the risk. Niels Link to comment Share on other sites More sharing options...
spacecadet Posted February 20, 2018 Share Posted February 20, 2018 13 minutes ago, Niels Quist said: I had also a few images of murals changed by Alamy half a year ago. http://discussion.alamy.com/topic/8087-street-art-images/ I'd say take care with murals, it probably also depends whether it is the main / only subject in the image - let the buyer take the risk. Niels They want to use John's image as a mural. It's not of a mural. Link to comment Share on other sites More sharing options...
Niels Quist Posted February 20, 2018 Share Posted February 20, 2018 16 hours ago, John Mitchell said: To make things even more confusing, other images of this subject (it's a shot of a famous mural) are available on Alamy for RM commercial use. In fact, I seem to be the only one who has checked the "for editorial use only" box in AIM. Similar images are also available for free on Creative Commons (CC "generic license," which apparently includes commercial use). P.S. I checked three other big stock agencies, and Alamy is the only one that doesn't have images of this subject restricted to editorial only. 4 minutes ago, spacecadet said: They want to use John's image as a mural. It's not of a mural. Mark, I'm not sure you are correct? Link to comment Share on other sites More sharing options...
spacecadet Posted February 20, 2018 Share Posted February 20, 2018 sorry, missed that part. It does explain John's question. Link to comment Share on other sites More sharing options...
RedSnapper Posted February 20, 2018 Share Posted February 20, 2018 35 minutes ago, Niels Quist said: Mark, I'm not sure you are correct? He's correct... the original post says: "Someone has contacted me about using one of my images as a mural backdrop (indoor display)" my emphasis km Link to comment Share on other sites More sharing options...
spacecadet Posted February 20, 2018 Share Posted February 20, 2018 I missed this 17 hours ago, John Mitchell said: To make things even more confusing, other images of this subject (it's a shot of a famous mural) Link to comment Share on other sites More sharing options...
John Mitchell Posted February 20, 2018 Author Share Posted February 20, 2018 Sorry to confuse. The image is indeed of a mural, and the buyer also wants ( or wanted) to print the file mural size. I too am careful with shots of murals, which is why I made this image "editorial use only." Thanks for all the helpful replies. I always learn something new... Link to comment Share on other sites More sharing options...
fotoDogue Posted February 20, 2018 Share Posted February 20, 2018 17 hours ago, John Mitchell said: Yes, I realize that. It's interesting, though, that stock agencies with edited collections have made the images I'm referring to available for editorial use only. They obviously want to protect themselves no matter what. Leaving things up to an inexperienced photo-buyer seems a bit iffy to me, so I'm probably going to err on the side of caution and pass on this one. Now that we know the image is of a mural, to be printed mural sized, I think I would pass on this too, unless they have written permission from the artist. Link to comment Share on other sites More sharing options...
John Mitchell Posted February 20, 2018 Author Share Posted February 20, 2018 26 minutes ago, fotoDogue said: Now that we know the image is of a mural, to be printed mural sized, I think I would pass on this too, unless they have written permission from the artist. Artist long gone, but I have indeed passed. Interesting to see lots of images of this artist's murals available for free via Creative Commons, though. Link to comment Share on other sites More sharing options...
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