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Does it make sense to upload a photo without property release form?


markus

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It seems that individual stock platforms have quite some different approaches and regulations when it comes to licensing, allowed uploads, and releases.

While a photography of mine showing the iconic Petronas Towers in Kuala Lumpur got rejected by many stock platforms because of a missing property release form, it got accepted at Alamy. 

 

However, I am not sure if I understand correct what plays a role for an individual picture upload, the licensing, and the release form. Also I am unsure who is responsible to guarantee that a proper release form is available. The photographer/contributor or the buyer/customer?

 

License type: Royalty → possible to define after QC

Usage: Commercial or Editorial → Am I as a contributor able to decide if it supposed to be commercial or editorial only? I do not see any option at Alamy. On other platforms I as a contributor choose if commercial/editorial

Release: Property release → who is responsible to check if there is a property release available? The contributor or the buyer?

How do I know if I need a release?

  1. Check if your use is commercial  or editorial . You don’t normally need a release for editorial use but there are some exceptions which we explain later. If your use is commercial and your image features people or property then you will probably need a release.
  2. If the buildings or people are not recognisable you don’t need a release.

https://www.alamy.com/help/what-is-model-release-property-release.aspx

 

Ultimately, that brings me to the question if it actually makes sense to upload a photo of a property without property release form?

I see so many photos on Alamy of famous, well-known buildings, e.g. the Eiffel Tower.

 

  • What is the sense of all of those photos if they do not include a property release form? 
  • Why does Alamy even accept such uploads if a release form is mandatory?
  • How should a photographer ever get a property release form of the Eiffel Tower?
  • How should a buyer ever get a property release form of the Eiffel Tower?
  • Who decides if it is for commercial or editorial usage?
  • Who is actually responsible to check if the appropriate releases are available?

 

Perhaps it was not a good idea to start off with several stock platforms simultaneously that obviously all work a tight bit different.

 

I still hope that I can get some feedback from advanced contributors that saves me days or weeks in finally understanding how it works at Alamy (and perhaps what is the difference to other stock platforms).

 

 

 

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12 minutes ago, John Mitchell said:

I hope it makes sense because I don't have releases for any of my images. This hasn't been a problem so far. It's up to the buyer to decide whether or not they might need a release.

 

I also upload at other stock platforms and I always thought it is exactly the opposite and also implemented in the process by the stock platform this way. 

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7 hours ago, markus said:

Ultimately, that brings me to the question if it actually makes sense to upload a photo of a property without property release form?

 

Images without releases are usually suitable for editorial use, which Alamy specialises in.

So yes, on Alamy it makes sense to upload images even if you don't have releases. Just mark the images as containing people or property and that you don't have release(s).

The vast majority of my images have no releases.

 

Mark

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9 hours ago, markus said:

 

I also upload at other stock platforms and I always thought it is exactly the opposite and also implemented in the process by the stock platform this way. 

 

 

i have uploaded to other platforms, and have never needed a property release, but i'm mainly a soft editorial producer.

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21 hours ago, markus said:

It seems that individual stock platforms have quite some different approaches and regulations when it comes to licensing, allowed uploads, and releases.

While a photography of mine showing the iconic Petronas Towers in Kuala Lumpur got rejected by many stock platforms because of a missing property release form, it got accepted at Alamy. 

 

However, I am not sure if I understand correct what plays a role for an individual picture upload, the licensing, and the release form. Also I am unsure who is responsible to guarantee that a proper release form is available. The photographer/contributor or the buyer/customer?

 

License type: Royalty → possible to define after QC

Usage: Commercial or Editorial → Am I as a contributor able to decide if it supposed to be commercial or editorial only? I do not see any option at Alamy. On other platforms I as a contributor choose if commercial/editorial

Release: Property release → who is responsible to check if there is a property release available? The contributor or the buyer?

How do I know if I need a release?

  1. Check if your use is commercial  or editorial . You don’t normally need a release for editorial use but there are some exceptions which we explain later. If your use is commercial and your image features people or property then you will probably need a release.
  2. If the buildings or people are not recognisable you don’t need a release.

https://www.alamy.com/help/what-is-model-release-property-release.aspx

 

Ultimately, that brings me to the question if it actually makes sense to upload a photo of a property without property release form?

I see so many photos on Alamy of famous, well-known buildings, e.g. the Eiffel Tower.

 

  • What is the sense of all of those photos if they do not include a property release form? 
  • Why does Alamy even accept such uploads if a release form is mandatory?
  • How should a photographer ever get a property release form of the Eiffel Tower?
  • How should a buyer ever get a property release form of the Eiffel Tower?
  • Who decides if it is for commercial or editorial usage?
  • Who is actually responsible to check if the appropriate releases are available?

 

Perhaps it was not a good idea to start off with several stock platforms simultaneously that obviously all work a tight bit different.

 

I still hope that I can get some feedback from advanced contributors that saves me days or weeks in finally understanding how it works at Alamy (and perhaps what is the difference to other stock platforms).

 

 

 

Markus, with respect, this is one of two posts you have made recently comparing Alamy with other stock platforms.  I suggest you read the comprehensive guidance issued by Alamy and perhaps read through the forum posts before submitting both pictures (where you have had issues) and posting on these boards.

 

I do not wish to be unkind, but Alamy is not the same (similar perhaps) to other stock agencies.  It has clearly established, and in my view, efficient, ways to carry our its business.  Yes, there is a learning curve, yes people will try to help you, but assuming Alamy works the same way as other stock agencies may be considered misguided. 

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2 hours ago, IanDavidson said:

Markus, with respect, this is one of two posts you have made recently comparing Alamy with other stock platforms.  I suggest you read the comprehensive guidance issued by Alamy and perhaps read through the forum posts before submitting both pictures (where you have had issues) and posting on these boards.

 

I do not wish to be unkind, but Alamy is not the same (similar perhaps) to other stock agencies.  It has clearly established, and in my view, efficient, ways to carry our its business.  Yes, there is a learning curve, yes people will try to help you, but assuming Alamy works the same way as other stock agencies may be considered misguided. 

 

Ian, I had no intention to put someone off, sorry about that. There is no need to defend Alamy. I am not into comparing platforms but I am trying to understand fast. This means sometimes to ask questions, even though the answer could be found somewhere already. With that said, I allow myself to post whenever I feel it is worth to post.

 

As a beginner I did not know that Alamy is "not the same" as other stock agencies. Every stock platform would probably say about themselves that they are different in a positive way. I need to figure out myself if it suits me, sometimes with the help of a forum.

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17 hours ago, IanDavidson said:

Markus, with respect, this is one of two posts you have made recently comparing Alamy with other stock platforms.  I suggest you read the comprehensive guidance issued by Alamy and perhaps read through the forum posts before submitting both pictures (where you have had issues) and posting on these boards.

 

I do not wish to be unkind, but Alamy is not the same (similar perhaps) to other stock agencies.  It has clearly established, and in my view, efficient, ways to carry our its business.  Yes, there is a learning curve, yes people will try to help you, but assuming Alamy works the same way as other stock agencies may be considered misguided. 

 

 

in fairness Markus, from what i've seen, is treating other stock platforms similarly 

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17 hours ago, IanDavidson said:

Markus, with respect, this is one of two posts you have made recently comparing Alamy with other stock platforms.  I suggest you read the comprehensive guidance issued by Alamy and perhaps read through the forum posts before submitting both pictures (where you have had issues) and posting on these boards.

 

I do not wish to be unkind, but Alamy is not the same (similar perhaps) to other stock agencies.  It has clearly established, and in my view, efficient, ways to carry our its business.  Yes, there is a learning curve, yes people will try to help you, but assuming Alamy works the same way as other stock agencies may be considered misguided. 

 

Markus, you are in for a very steep learning curve which you mainly have to climb on your own, though questions can be answered as Ian mentions. Alamy is definitely not MS (microstock) - though prices sometimes can be low - partly caused by MS.

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Markus, with ALAMY it is very simple; if the image has property in it and you tick yes to the question of whether you have release then the photo can be sold for commercial purposes. In this situation you will need to supply a copy of the release.

If the image has property in it and you tick no to the question of whether you have release then the photo can only be sold for noncommercial purposes.

 

Edited by domf
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4 hours ago, domf said:

 

If the image has property in it and you tick no to the question of whether you have release then the photo can only be sold for noncommercial purposes.

 

 

 

i do not think this is correct.  The buyer has a decision to make if they are comfortable using the image content for commercial use without release.  

 

For example someone may decide this is nondescript and use it commercially even though this obviously is property to someone.  

 

2A12WF5.jpg

 

The only way to restrict non commercial usage, is to indicate the item as "For editorial only".

 

This actually makes Alamy much simpler than the so-called easier MS practice, where an educated guess is made upfront, many times based on recommendation to actually hide the ownership of content, by the contributor and the review team, but doesn't actually removes responsibility later just because it went through the process as "commercial".  For example one of these MS accepted from another contributor an image taken of famous cartoon characters statues as commercial (i have a version available as "editorial' here), the day someone does use it, it is likely the image owner who will have to defend themselves to the rightful owner of the rights of the content. 

 

 

Edited by meanderingemu
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