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Interested in your take..


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A UK tabloid ran an on-line article that had a picture in it that I have on Alamy.

(I am not putting the link in for commercial reasons on an open forum).

 

There was only one picture in the article.

However above the article and the headline is another picture – let's call it a lead-in picture.

 

It is a crop (majoring on an individual) from the picture used further down in the same article.

 

The licence – paid - was;

Start: DD Month 2023
 

Duration: In perpetuity One use in a single editorial article used within the digital versions of a single publication. Digital usage includes archive rights for the lifetime of the article

 

Would you expect one payment or two for the picture based on the facts and licence details?

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Interesting question, I would expect one payment primarily because they have still only used one image - albeit in two forms

 

Would be interesting to understand how their contract with Alamy is worded though 

Edited by Foreign Export
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It certainly was the case that one use meant just the one time but now one seems too often two or several uses or placements. For instance, a calendar often had a little image on the back cover as well as a full page so that the publisher could shrink-wrap the package and still let the buyer see what all the pages might look like. You paid a bit extra for the little-un. Not any more it seems. 

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5 hours ago, Robert M Estall said:

It certainly was the case that one use meant just the one time but now one seems too often two or several uses or placements. For instance, a calendar often had a little image on the back cover as well as a full page so that the publisher could shrink-wrap the package and still let the buyer see what all the pages might look like. You paid a bit extra for the little-un. Not any more it seems. 

Yes calendar sales generally say this: includes thumbnail use on the back page

Edited by StokeCreative
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Thank you to everyone who replied for their thoughts.

 

Looking at the original licence, I have marked what I think is the key factor;

 

Duration: In perpetuity One use in a single editorial article used within the digital versions of a single publication. Digital usage includes archive rights for the lifetime of the article

 

I did approach Alamy last week and stated; "I think it fair to say the image has been used twice in one article which is outside the scope of the licence paid for."

 

The response I got was;  (Alamy) "believe the customer is covered by their license as they’ve only used the image in one singular article."

 

 

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