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edouardcoleman

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About edouardcoleman

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Alamy

  • Alamy URL
    http://www.alamy.com/contrib-browse.asp?cid={8527195B-FDA1-4554-882B-071D0D0C5CF0}&name=Edouard+Grateau
  • Images
    53
  • Joined Alamy
    09 Sep 2012
  1. As Spacecadet said I reuploaded some of my vectors as illustration with RM. My earlier material was not as ok as what I do now thats also why I deleted it. Look at the two black/white/red Darth Vader, thats my old style and I prefer the new one. The lawyer I found is specialised in intellectual property and he said to me (to sum up) that what I do is quite risky. Now I m talking with Disney (which owns Lucasfilm) to reach an agreement. I know there is almost no chance I reach one but I try
  2. Nope you re wrong, I got what you said days ago and I took account of it. But I prefer to ask many different people and be totally sure instead of taking a decision too fast, thats all.
  3. It's precisely because we're not lawyers that we're suggesting caution in using unlicensed IP. OP, there's no point in repetition. Sadly, and I hate to say it seeing all the work that has gone into your paintings, the safest outcome for you is probably if no-one licenses your images for a high-profile use. It's pretty unlikely anyway, because the publisher will be aware of the IP question even if you are not. Best start on some original material. I'm asking a lawyer. I will post his answer as soon as I get it.
  4. I just got a reply from Alamy: "Hello Edouard, As you’ve uploaded your images as RM, you need not worry. You just have to accurately annotate these images.RM images are also fine for a commercial customer to use (dependant on their end use), and gives us an opportunity to flag the lack of release to the customer for them to decide if they’ll need one. If the end user is not adhering to the limitations of RM, then it is a case to worry. However, from our side, we ensure we sell proper licenses for every image use."
  5. Not at all. Alamy is protected by the user agreement. What it tells you about licence type and releases isn't legally watertight permission to submit images containing IP you don't own. You don't own the copyright in the Star Wars or Batman images and you don't have permission from those who do. You therefore run a risk, at best of Alamy being asked to remove them, which it will, and at worst of legal action. Or as Martin says Alamy will take them down proactively to protect itself. I ask that because everybody here says me there is a risk while Alamy says me its safe as they have a special formula for people who sells images with IP without property releases Alamy also has an indemnity clause (quoted above) in the contract that you've agreed to. You understand what indemnity is, don't you? Anyways, you seem to be pretty determined, as Robert pointed... I'd ask Member Services at the very least. Next, I'd get an E&O liability insurance and incorporate the business - your liability risks are going to be high. GI I ve already ask them several times and they said me this is safe with the "RM licence/no property releases" attributes. I really dont know what to do... How does that work for the RF logo of Star Wars that you have in your port. It's a lawsuit waiting to happen. You really don't understand that you are treading over somebody's IP and they are people who like to sue, have a long history of doing so. Example of others musing over this. http://law.stackexchange.com/questions/3988/how-might-this-use-of-the-star-wars-logo-and-universe-be-legal Of course I understand. My vectors with RF are now all awaiting for deletion. The question was about re-uploading those images as illustrations with RM licence and the attribute "no property releases"
  6. Thanks I created some images before that I uploaded in Alamy, but in 3 years the only thing I sold was the Batman logo and the Darth Vader face...That s why I deleted them and uploaded some new images with famous IP in I agree with you but there are so many people selling images with IP in Alamy that I thought it was legaly covered
  7. I ask Alamy again to look at this thread and give me a clear answer about that. I suppose its now a bit late and they will send me a mail tomorrow morning. BTW I m a english beginner, so please be cool. I m not stupid or stubborn, I m just here to ask some questions and be sure what I do is ok. BTW Spacecadet, copyright is a noun and also a verb https://en.wiktionary.org/wiki/copyright
  8. Not at all. Alamy is protected by the user agreement. What it tells you about licence type and releases isn't legally watertight permission to submit images containing IP you don't own. You don't own the copyright in the Star Wars or Batman images and you don't have permission from those who do. You therefore run a risk, at best of Alamy being asked to remove them, which it will, and at worst of legal action. Or as Martin says Alamy will take them down proactively to protect itself. I ask that because everybody here says me there is a risk while Alamy says me its safe as they have a special formula for people who sells images with IP without property releases Alamy is not saying it's 'safe'. The 'formula' is a policy on licence type for images sold without releases. It has no relevance to the matter of IP ownership. You are almost certainly infringing LFL's copyright and its trademarks and registered designs. When I say "Alamy say me it's safe" I mean I ask them directly. It doesn t prove there are right but they said that to me. Why do they ask in the attributes: "Does this image contain property that needs a release for commercial use ?"
  9. Not at all. Alamy is protected by the user agreement. What it tells you about licence type and releases isn't legally watertight permission to submit images containing IP you don't own. You don't own the copyright in the Star Wars or Batman images and you don't have permission from those who do. You therefore run a risk, at best of Alamy being asked to remove them, which it will, and at worst of legal action. Or as Martin says Alamy will take them down proactively to protect itself. I ask that because everybody here says me there is a risk while Alamy says me its safe as they have a special formula for people who sells images with IP without property releases Perhaps you should take another look at section 1.4.1 of the Contributor Contract which you agreed to when you signed up to Alamy http://www.alamy.com/terms/contributor.asp He is the copyright owner of the images he submits, he is not the copyright owner of the IP in his images. How is this different from photographic images of IP? There are thousands on Alamy, all selling RM without releases. Jill My (not an attorney) understanding is that it matters how prominent somebody's IP is. If it is incidental, you may have a case, if it is a straight copy (with nothing else in the picture, like OP's images) then it is ... well, we all know what it is. It would be interesting to look at what exactly is copyrighted by LucasFilm. GI And, of course, photographers are well known for discussing legal matters with other photographers, as well as following legal advise they get from other photographers. I am just stating that he says he has created the vectors, therefore they are his images, just images of someone else's IP. If he has copied these images from elsewhere then submitted them as his own, then he is double risking. Jill There are copyrighted material inside my images but I created them. I didnt copy them.
  10. Not at all. Alamy is protected by the user agreement. What it tells you about licence type and releases isn't legally watertight permission to submit images containing IP you don't own. You don't own the copyright in the Star Wars or Batman images and you don't have permission from those who do. You therefore run a risk, at best of Alamy being asked to remove them, which it will, and at worst of legal action. Or as Martin says Alamy will take them down proactively to protect itself. I ask that because everybody here says me there is a risk while Alamy says me its safe as they have a special formula for people who sells images with IP without property releases Alamy also has an indemnity clause (quoted above) in the contract that you've agreed to. You understand what indemnity is, don't you? Anyways, you seem to be pretty determined, as Robert pointed... I'd ask Member Services at the very least. Next, I'd get an E&O liability insurance and incorporate the business - your liability risks are going to be high. GI I ve already ask them several times and they said me this is safe with the "RM licence/no property releases" attributes. I really dont know what to do...
  11. Not at all. Alamy is protected by the user agreement. What it tells you about licence type and releases isn't legally watertight permission to submit images containing IP you don't own. You don't own the copyright in the Star Wars or Batman images and you don't have permission from those who do. You therefore run a risk, at best of Alamy being asked to remove them, which it will, and at worst of legal action. Or as Martin says Alamy will take them down proactively to protect itself. I ask that because everybody here says me there is a risk while Alamy says me its safe as they have a special formula for people who sells images with IP without property releases
  12. I already sold many times the batman logo and Darth Vader illustrations with RM licence, so it means its possible. I actually just got a reply from Alamy member service: "However, we don’t expect all images to have releases, but we do expect all images to be accurately annotated. If an image contains people then it needs to say that. If you don’t have releases then you can still sell through Alamy as Rights Managed (RM). Images without releases may also be fine for a commercial customer to use (dependant on their end use), but RM gives us an opportunity to flag the lack of release to the customer for them to decide if they’ll need one."
  13. I actually dont know where property starts and ends. But I think I can sell those images as Rights Managed (RM), so as illustrations (vectors are only Royalty Free) ?? Look at this : http://www.alamy.com/contributor/how-to-sell-images/model-property-releases-stock-images/ Alamy says: "Don’t worry, if you don’t have a release, we can still sell your images as Rights Managed (RM)." I did it with the yellow and black Batman logo that I uploaded years ago. In the Image Manager they ask: "Does this image contain property that needs a release for commercial use" > I say Yes "Do you have a property release" > No
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