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Use of image


Sharon
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Hi everyone,

I licensed an image to a UK magazine back in August 2022 for an article they wrote, and have since received payment.  Upon doing a google search, discovered they have used the same image in a different article dated November 3 of last year.  Would this be under a new license, or are they allowed to reuse it under the original license?  I'm asking as I want to know if I should keep track of this usage.  Thanks.

 

This is the original licensing terms:

Country: United Kingdom
Usage: Editorial
Media: Magazine - print, digital and electronic
Print run: up to 500,000
Placement: Inside
Image Size: 1 page
Start: 01 August 2022
Duration: In perpetuity Any placement: Inside or cover.

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41 minutes ago, Sharon said:

Hi everyone,

I licensed an image to a UK magazine back in August 2022 for an article they wrote, and have since received payment.  Upon doing a google search, discovered they have used the same image in a different article dated November 3 of last year.  Would this be under a new license, or are they allowed to reuse it under the original license?  I'm asking as I want to know if I should keep track of this usage.  Thanks.

 

This is the original licensing terms:

Country: United Kingdom
Usage: Editorial
Media: Magazine - print, digital and electronic
Print run: up to 500,000
Placement: Inside
Image Size: 1 page
Start: 01 August 2022
Duration: In perpetuity Any placement: Inside or cover.

 

I would think a different article would require a new license, unless maybe if it was an RF photo.

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1 hour ago, Sharon said:

Hi everyone,

I licensed an image to a UK magazine back in August 2022 for an article they wrote, and have since received payment.  Upon doing a google search, discovered they have used the same image in a different article dated November 3 of last year.  Would this be under a new license, or are they allowed to reuse it under the original license?  I'm asking as I want to know if I should keep track of this usage.  Thanks.

 

This is the original licensing terms:

Country: United Kingdom
Usage: Editorial
Media: Magazine - print, digital and electronic
Print run: up to 500,000
Placement: Inside
Image Size: 1 page
Start: 01 August 2022
Duration: In perpetuity Any placement: Inside or cover.

If the 2nd use was Nov 2022, you should probably wait a couple of months before reporting to Alamy as usages often take a while to be reported. 

In the meantime make sure you record the evidence (screenshots etc.) for future reference.

 

Mark

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2 hours ago, Michael Ventura said:

 

I would think a different article would require a new license, unless maybe if it was an RF photo.

Thanks Michael,

I was thinking it should be a new license...  image is RM.

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1 hour ago, M.Chapman said:

If the 2nd use was Nov 2022, you should probably wait a couple of months before reporting to Alamy as usages often take a while to be reported. 

In the meantime make sure you record the evidence (screenshots etc.) for future reference.

 

Mark

Thanks Mark,

 

Yes, I'll keep tabs on it and report to Alamy if its not invoiced within a reasonable time.

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If the licence is granted ‘in perpetuity’ with a start date of 1st August 2022, doesn’t that mean the client may continue using the image for as long as they want?

If the original licence had been for one month only - then the start date and end date of the licence period should be stated in the terms, something like…
Country: United Kingdom
Usage: Editorial
Media: Magazine - Print only
Industry sector: Retail books/magazines/newspapers
Sub-Industry: Miscellaneous
Print run: up to 10,000
Placement: Inside
Image Size: 3/4 page
Start: 01 October 2009
End: 01 November 2009


…or at least, that’s the way I thought it worked.

I don't like the way  'in perpetuity' has started to be used as a licence duration - it just seems like an underhand way of turning RM images into RF.


GD
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My understanding is that "in perpetuity" is to cover the fact that the image, related to that first article use, will live forever online and in the media searchable archives, not for new uses for a different article(s).

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These days, if the licensing terms don't specify "one-time use," then I imagine publications think that they can use an image as many times as they want even if it is RM. Hopefully, Alamy follows up on this kind of thing, but I wouldn't bet on it.

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One of my RM, alamy exclusive images was sold a year and half ago to a crappy news website. The image was being used at least half a dozen times on different articles. I complained to alamy customer service about the misuse of the licensing terms and they responded that they checked and it was within the licensing terms. expect no help from alamy.

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