Question Re Usage of Sold Image

[KellyC]

I have an image of a particular type of zinnia that has sold to two seed companies. One of those companies is now selling seeds through Walmart. Walmart is using the seed company's online ad--same images (including mine), same text. Since the seed company paid for the image and the seeds are being sold through Walmart but under the seed company's name is that an allowed usage?

[spacecadet]

3 minutes ago, KellyC said:

I have an image of a particular type of zinnia that has sold to two seed companies. One of those companies is now selling seeds through Walmart. Walmart is using the seed company's online ad--same images (including mine), same text. Since the seed company paid for the image and the seeds are being sold through Walmart but under the seed company's name is that an allowed usage?

Check the licence terms for the image, if it's RM. If it allows that sort of use- online, including advertising- I think that would cover it. Walmart is just the retailer, it's not using the image on its own account separately from the wholesaler. If Walmart started selling its own brand seed using the image, that would be an infringement because the seed company can't give Walmart permission for that use- only you can, via Alamy.

[KellyC]

46 minutes ago, spacecadet said:

Check the licence terms for the image, if it's RM. If it allows that sort of use- online, including advertising- I think that would cover it.

Here is what I think is the license (no company name but it's identical to the other seed company's license): 

Country: Worldwide

Usage: Commercial electronic, Use in a single website, app, social media or blog (excludes advertising), worldwide.
Media: Website, app and social media
Image Size: Any size
Start: 26 September 2023
Duration: In perpetuity

 

It does exclude advertising and says single website, however what you say does make sense--Walmart is not selling their own seed so it wouldn't be an infringement. I guess my next question would be is this an appropriate license for the seed company? 

Edited March 23 by KellyC
sentence didn't make sense

[spacecadet]

18 hours ago, KellyC said:

Here is what I think is the license (no company name but it's identical to the other seed company's license): 

Country: Worldwide

Usage: Commercial electronic, Use in a single website, app, social media or blog (excludes advertising), worldwide.
Media: Website, app and social media
Image Size: Any size
Start: 26 September 2023
Duration: In perpetuity

 

It does exclude advertising and says single website, however what you say does make sense--Walmart is not selling their own seed so it wouldn't be an infringement. I guess my next question would be is this an appropriate license for the seed company? 

IMO that doesn't cover the Walmart use. Query it with Alamy.