John Mitchell Posted April 5, 2014 Share Posted April 5, 2014 This one popped up today. Interesting. Don't think I've seen Twitter and/or FB mentioned in usage terms before. Low fee but not a distributor sale. Usage: iQ sale: Editorial Magazine. Editorial print and digital use including Facebook and Twitter in association with the original article. Up to 1/8 page, repeat use within a single issueIndustry sector: Media, design & publishingStart: 04 April 2014End: 04 April 2016 Anyone else getting sales like these? Link to comment Share on other sites More sharing options...
Guest Posted April 5, 2014 Share Posted April 5, 2014 Started seeing these in September of last year - prices through to this month are fairly similar so maybe same mag or publishing group. I assumed a link on their website to share the article but not looked to find out. Link to comment Share on other sites More sharing options...
Lisa Posted April 5, 2014 Share Posted April 5, 2014 No mine don't mention Twitter and/or Facebook... Country: WorldwideUsage: iQ sale: Editorial newspaper editorial print and digital use, inside, one time use onlyIndustry sector: Media, design & publishingStart: 02 April 2014End: 02 April 2016 Link to comment Share on other sites More sharing options...
fotoDogue Posted April 5, 2014 Share Posted April 5, 2014 I've seen a number of publications use photos on Facebook in connection with articles but this is the first time I've seen it included in a license. Link to comment Share on other sites More sharing options...
Matt Limb Posted April 5, 2014 Share Posted April 5, 2014 As a publisher it makes total sense to use an image on Social Media to 'drive' a viewer to your web site or print magazine So it also makes sense that they need to be licensed Link to comment Share on other sites More sharing options...
Niels Quist Posted April 5, 2014 Share Posted April 5, 2014 This one popped up today. Interesting. Don't think I've seen Twitter and/or FB mentioned in usage terms before. Low fee but not a distributor sale. Usage: iQ sale: Editorial Magazine. Editorial print and digital use including Facebook and Twitter in association with the original article. Up to 1/8 page, repeat use within a single issue Industry sector: Media, design & publishing Start: 04 April 2014 End: 04 April 2016 Anyone else getting sales like these? Yes, I had one this morning. Not quite happy about it. Will result in several infringements. Also got a better priced double page text book sale at the same time. Prefer much. Link to comment Share on other sites More sharing options...
Chrissie Posted April 5, 2014 Share Posted April 5, 2014 First had one of these in May 2013 and several since. I've only seen the images used in social media when it's been a front cover use and used in that context to promote the publication. Link to comment Share on other sites More sharing options...
Phil Robinson Posted April 5, 2014 Share Posted April 5, 2014 I hadn't noticed before, but looking back I've had a few of these, starting in June last year. I've done Googlesearches on the images and they haven't gone viral, so that's something. Link to comment Share on other sites More sharing options...
Linda Posted April 5, 2014 Share Posted April 5, 2014 Interesting because the TOS of Twitter and Facebook state that they can use any uploaded photos for ads and syndication. I notice a lot of news sites such as Yahoo news use Facebook photos and right over the copyright they put © FACEBOOK over the copyright holders name if the photog or person happened to put their name ON the photo. L Link to comment Share on other sites More sharing options...
Niels Quist Posted April 5, 2014 Share Posted April 5, 2014 Interesting because the TOS of Twitter and Facebook state that they can use any uploaded photos for ads and syndication. I notice a lot of news sites such as Yahoo news use Facebook photos and right over the copyright they put © FACEBOOK over the copyright holders name if the photog or person happened to put their name ON the photo. L This is another suicide course for the photographers. In case of images being (mis)used by Facebook the infringer will actually be the original buyer or rather the image agency itself selling the image mentioning the use on Facebook in the terms... Photographers should be able to add no use on Facebook, etc. in the restrictions. Link to comment Share on other sites More sharing options...
PatrioticAlien Posted April 5, 2014 Share Posted April 5, 2014 Photographers should be able to add no use on Facebook, etc. in the restrictions. exactly! Link to comment Share on other sites More sharing options...
John Mitchell Posted April 6, 2014 Author Share Posted April 6, 2014 The usage terms state, "...including Facebook and Twitter in association with the original article." This is pretty vague. But I suppose it might mean that the image could be uploaded directly to the magazine's FB page. Or does it? It all depends on what "in association" means. Link to comment Share on other sites More sharing options...
John Mitchell Posted April 6, 2014 Author Share Posted April 6, 2014 No doubt everyone knows about Facebook's somewhat scarey TOS agreement, but I thought I would post this link anyway. There may be more up-to-date info out there as well. http://asmp.org/fb-tos#.U0GpVKKGifM The following sounds particularly worrisome to me in the context of sales such as the one mentioned in my original post: "There are also some very important business and legal concerns for photographers to consider. For instance, imagine that a client comes to you in a few months and wants to license an image from you for exclusive commercial use. If that image is posted on Facebook, you would not be able to offer exclusivity to that client because Facebook’s preexisting license to that image would be a conflict. If you were to go through with that agreement, you could be in breach of one contract or the other." I don't offer exclusivity, but couldn't there be future RM/RF conflicts and issues as well if RM images have been posted on FB by a photo buyer? Link to comment Share on other sites More sharing options...
Martin P Wilson Posted April 6, 2014 Share Posted April 6, 2014 I avoid putting my real work on FB, in fact I tend to avoid putting any pics up on any social media site for exactly the reasons above. They just claim too many rights. Link to comment Share on other sites More sharing options...
John Mitchell Posted April 6, 2014 Author Share Posted April 6, 2014 I avoid putting my real work on FB, in fact I tend to avoid putting any pics up on any social media site for exactly the reasons above. They just claim too many rights. I'm not a big FB user, but I usually post links to photos rather than the actual images for the same reasons. It seems to me that once you post a RM image on FB, it immediately becomes RF. Link to comment Share on other sites More sharing options...
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