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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.

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Just my thoughts only but I think with your suggested wording you might just as well tick the Editorial Only box.   Most of mine are editorial only but I have had a few sales where Alamy has contacted my to ask if I would lift the restriction.  On checking the images they would have all been ok without the editorial only box ticked.  

 

I plan to work through my folio and change restrictions where I think acceptable.

 

John

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9 minutes ago, John Walker said:

Just my thoughts only but I think with your suggested wording you might just as well tick the Editorial Only box.   Most of mine are editorial only but I have had a few sales where Alamy has contacted my to ask if I would lift the restriction.  On checking the images they would have all been ok without the editorial only box ticked.  

 

I plan to work through my folio and change restrictions where I think acceptable.

 

John

 

The issue is that it seems to me that I'm at a disadvantage to the majority of RM contributors here, who don't tick the editorial only box (unless the subject makes it absolutely essential). If the box is ticked the prospective purchaser is only presented with those licence options for editorial and personal use, whereas when unticked, a range of other licences is available. I suspect that not having these licences instantly available puts off some buyers, who don't trouble to enquire further whether the image would be OK for their requirements. I want to open my portfolio to the widest possible audience while reinforcing the notion of their responsibility to ensure proper clearances are obtained for any commercial use and I am pondering this method as a way to achieve it, while still satisfying my desire to protect myself from any possible legal comeback. Possibly I'm somewhat over-cautious, but it is who I am.  Thanks for responding!

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Upload an image with a caption and 5 keywords only, wait until it goes on sale. All the options to buy will be available (unless you have something set in the cogwheel). Alamy presumes you have no releases and a notification appears for the buyer to check if they need releases when purchasing the image.

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