Usage past original licence

[Mark Morgan]

I sold an image (through Alamy) in 2006 and then again in 2009 to Dorling Kindersley for the following uses and time periods:

 

Media: Retail book - print only

Start: 26 May 2006

End: 26 May 2009

 

and

 

Media: Textbook - print only

Start: 17 November 2008

End: 17 November 2011

 

The image now appears on the oceana.org website in at least two places. Their content is apparently supplied by DK (I can't see any other connection between them), and member Services are insisting that Oceana can use this image 'in perpetuity' because their content is supplied by DK and that Oceana using the image is 'no different to printed papers being archived and stored in libraries'.

 

So, apparently, 'print only' use for a limited period actually means website use forever. This seems completely bizarre to me, although Member Services are absolutely insisting that it's covered in the original usage.

 

Has anyone else experienced this?

[spacecadet]

Licences now usually say 'digital use includes archive rights for the lifetime of the article/edition'.

If you think about it, use in a book is licenced for the life of the edition, but the image isn't then snipped out of all the copies

[Mark Morgan]

Licences now usually say 'digital use includes archive rights for the lifetime of the article/edition'.

If you think about it, use in a book is licenced for the life of the edition, but the image isn't then snipped out of all the copies

 

But the point is that the Oceana and DK are entirely separate organisations, so I can't see how DK's licence allows them to pass images to Oceana.

[Peter Noyce]

This is best sorted direct with MS. They'll tell you if they have an arrangement.