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I noticed the following comment by Alamy's sister company (the S-word) on Twitter yesterday at the end of a post extolling the virtues of street art photography; "Remember to tag your photos as editorial to avoid any copyright issues". This was seen as a big issue by Alamy a while back, and I was one of many members who had some photographs deleted. There was also guidance on what street art photos could be included (eg. as part of an overall scene) but I don't recall a recommendation to use the 'Editorial Only' button as some sort of magic wand for acceptability. Has anyone seen such advice from Alamy, or perhaps Alamy would care to comment? Many thanks, John.
My images are nearly all soft editorial and all are Rights Managed (RM). I always tick the 'Editorial Only' box when there are any unreleased people or property in the image, which is most of them. I also include a 'belt and braces' disclaimer in the additional info box, viz 'This image has no model or property releases assigned to it and is available for editorial use only.' Because I feel sure setting the 'Editorial Only' tick box is restricting my sales, I want to remove that restriction where possible (though I know there are some subjects where Alamy specifically asks that the restriction be present). I do, however, want it to be abundantly clear to the licence purchaser that they would need to seek permission from the people or owners of property depicted, if they wanted to use the image commercially. I know Alamy include a warning in small print on the image details page and again in the licence contract, but I would like a warning to be included in the image metadata, so that where the image goes, the warning goes too. The disclaimer I am planning to include in the additional info box is loosely based on the warning Alamy has on its image details page. The text I plan to use is: 'This image has no model or property releases assigned to it and is intended for editorial only use. If you want to use the image commercially, you might also need to seek permission from any people depicted and/or the owners of any property, estate, trademark or brand shown.' I am not expecting any authoritative legal opinion, but I would be interested to hear contributors viewpoints on my plans to proceed in this way and/or the disclaimer I intend to include. I would also warmly welcome any comments Alamy themselves might care to give.