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People in scenes and licence type


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Having uploaded an image I am trying to assign a licence type. The problem is that when I mention that there are three pedestrians in the image  (all in the distance and unidentifiable and therefore no model release) the system will not allow me to select a licence type.

 

Do I need to say that there are people in the picture in a case like this?

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One little part of someone's finger = 1 person. `Identifiable` is immaterial.

 

As noted above sometimes better to clone it out. However, if the image is considered news or photojournalistic then cloning it out might not preserve the accuracy of the scene and you should mark `digitally altered`.

 

If you don`t have a MR and it has any part of a person then it should be RM.

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Tripleman, I see only one of your images with a problem: the VW with all the people around it. You will have to write to Members Services and ask them to change the license type from RF to RM.

 

memberservices@alamy.com

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Wasn't there something about banknotes needing releases to be RF as well?

 

Allan

Edited by Allan Bell
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  • 1 month later...

One little part of someone's finger = 1 person. `Identifiable` is immaterial.

 

As noted above sometimes better to clone it out. However, if the image is considered news or photojournalistic then cloning it out might not preserve the accuracy of the scene and you should mark `digitally altered`.

 

If you don`t have a MR and it has any part of a person then it should be RM.

 

Interesting section under "For Buyers" / "Helpful Stuff" quoted here. See specifically number 2.

 

When don't I need a release for commercial use?

  1. If the image or clip does not feature people, buildings, trademarks, brands or works of art or other 3rd party intellectual property.
  2. If the featured buildings or people are not recognisable.

 

Since an image or clip may be used in a large variety of ways and since laws vary country by country, it is your responsibility to determine whether or not a release is needed. You need to ensure that the release is suitable for your requirements and obtain any additional permissions from 3rd parties if applicable.

 

Just for info.

 

Allan

Edited by Allan Bell
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Having uploaded an image I am trying to assign a licence type. The problem is that when I mention that there are three pedestrians in the image  (all in the distance and unidentifiable and therefore no model release) the system will not allow me to select a licence type.

 

Do I need to say that there are people in the picture in a case like this?

The thing is,just because you might think they are unrecognizable,does not mean the subjects in the photos would not recognize themselves in an image.You'd be surprised...Back in the late 70s I did some hand modeling for jewelry.I was trying on rings and bracelets at a jewelry store and the owner snapped a photo of my hand and had it blown up and put in his store and small use in a brochure. I negotiated a very nice discount on a piece of jewelry for this unauthorized use. People usually recognize themselves. So,if people are in a pic,you always need to note this and put that you do not have a release and sell it as RM.

Edited by Linda
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It's here, under information for Buyers.  Probably why I hadn't read it before.  

 

http://www.alamy.com/customer/help/releases.asp

 

I guess if it were unrecognizable pixels, a release wouldn't be required.  However, if it was enough to be recognizable, like Linda recognizing her hands, then a release would be needed. 

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An agency like Alamy cannot have dozens of different criteria, so the just say "if you can see any part of a person you need a MR." We are contributors, not buyers. 

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Clone people out or declare the image as RM, even though they are not recognizable. I also blur license plates and remove names of boats

Legally the publisher is responsible when people complain, but in practice the problem often comes back of the photographer, so you are protecting yourself. 

 

I know of an advertiser who received a complaint letter from a mother demanding a financial settlement for using her unrecognizable kids in the background of a stock photo used in the advertisement.

 

The photographer knocked on her door prepared to make a settlement. She was surprised but friendly, until the photographer asked to see her kids or at least some pictures of them. She slammed the door in his face, and stopped harassing the advertiser.

 

She had no kids. It was a scam. Unrecognizable can be dangerous.

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She had no kids. It was a scam. Unrecognizable can be dangerous.

 

Gee, I had never thought of that possibility!  Thanks for mentioning it. 

 

I have cloned people out for RF or just made it RM, like you mentioned. And I have often found people when viewing at 100% that I had not seen before.

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  • 4 weeks later...

I'm curious as to what percentage of Alamy's sales are RM vs. RF, i.e., whether simply making all of one's submissions RM amounts to much loss in potential income.

 

Don Douglas

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I'm curious as to what percentage of Alamy's sales are RM vs. RF, i.e., whether simply making all of one's submissions RM amounts to much loss in potential income.

 

Here is a thread dealing with some of your considerations:

 

http://discussion.alamy.com/index.php?/topic/158-rm-vs-rf/

Edited by Niels Quist
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Thanks, Niels. So far I've just put RM on everything and will probably continue that.

 

That is probably a very good idea.

 

And if in doubt about any property rights at all (even some flags, etc. are more protected than others)  tick that there is property in the image that you have no release for and leave the responsibility for the use of it to the buyer.

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I once received a kind email of Alamy pointing me to my pictures with licence problems. Most of them were pictures where a body part (hand or finger) was seen and I had to change there licence to "Right Managed" as i had no model release. Unfortunaly most of them were also on an other stock site as RF so I had to delete them from Alamy.

Edited by 7horses
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