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From News to Stock, what restrictions?


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When pictures get out of the Live News and go to the stock group:

  1. Do I have to remove the Location and date from the caption?
  2. Should I remove the "© MY NAME/Alamy Live News"?

But -most important- I have a huge problem understanding the restrictions. Here are some issues:

PEOPLE RELEASE
Since my News photos are without releases they should allow Editorial use only. But I think that publishing, movie or music companies should be allowed to use photos of their writers, musicians or actors to promote their artists. On the other side, if some crazy guy uses my not-released photo of a writer to advertise cereal snacks, is it my fault? What about photos of sportsmen without release? What if one of their sponsors wants to use a photo for commercial purposes?

PROPERTY RELEASE
If a photo of a Ferrari (yacht, skyscraper) is restricted to editorial use only, neither Ferrari Company himself can use it in a commercial. Am I right? But, a part from Ferrari, what about a dealer of luxury cars? Or someone advertising a competition with a Ferrari 1st prize? What about a calendar with vintage cars?

 

The whole restriction system sums up restrictions coming from the nature of the photo (what the law doesn't allow) with restrictions chosen by the photographer himself.
Having a look at what other Alamy photographers did, it looks like everyone had a different idea of what is possible and what not, even with very similar pictures.

Here are my thoughts:

 

  • - NON EDITORIAL ELECTRONIC AND WEB USE: This group contains both educational ("CD ROM educational") and promotional ("Promotional email") uses. It's difficult to understand to me.
  • - ADVERTISING/PROMOTION: If the client has the right to use the trademark/property involved I'm fine with the use, if not it's up to him to avoid using a trademark/not released photo.
  • - CONSUMER GOODS: For instance "yes" on a classic cars calendar, "no" in merchandising uses.
  • - DIRECT MAIL/BROCHURES: As I said before, it's not ok for client that hasn't the right to use the logo/property involved, but it is not a thing that I can restrict in advance. This category includes "annual report" and "catalog" that are typical corporate uses, uses where I assume the client IS the owner of the trademark.
  • - DISPLAY. I don't get this category.
  • - EDITORIAL. Since it has not release and property issues, I index all of my photos under this group without concerns.
  • - INTERNAL BUSINESS. Well, if it's internal it is not public so no release problems apply. Is that right?

 

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You're over thinking it. Remember the old KISS adage:  Keep It Simple Stupid.  You don't have to worry about the end user. As long as you mark that you don't have any model or property releases, then that is all you have to do.

 

I find the restrictions more relevant if you have a model release, but say the model does not want his/her image used for certain types of promotion. Could be your model is a vegan so doesn't want their image used to promote meat products. Then you would pick the categories that would related to those type of industries.

 

Jill

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The different answers from Jill and funkyworm back up my idea that the 7 restrictions method is too complicated.

 

I'm used to an easier method

  1. Released VS NOT Released
  2. Editorial VS Commercial

The problem is: if I don't have to worry about the end user, why is Alamy asking me to decide about photo use? (a choice that other agencies never ask to photographers).

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The different answers from Jill and funkyworm back up my idea that the 7 restrictions method is too complicated.

 

I'm used to an easier method

  1. Released VS NOT Released
  2. Editorial VS Commercial

The problem is: if I don't have to worry about the end user, why is Alamy asking me to decide about photo use? (a choice that other agencies never ask to photographers).

 

Again, you may have a model that does not want their image used in a certain manner. Or you the photographer may have your own belief system and don't want your images used for certain types of promotions or industries.

 

Alamy does have a link on a zoomed page that asks the buyer: "Always check to see if you need a release" and when they click on it, it takes them to this page:  http://www.alamy.com/customer/help/releases.asp

 

Jill

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I would like to know people's answers to these questions:

 

 

When pictures get out of the Live News and go to the stock group:

  1. Do I have to remove the Location and date from the caption?
  2. Should I remove the "© MY NAME/Alamy Live News"?

 

 

I haven't done that much live news and haven't bothered to change my original headline etc. Should I be doing that?

 

Thanks.

 

Maria

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I would like to know people's answers to these questions:

 

 

When pictures get out of the Live News and go to the stock group:

  1. Do I have to remove the Location and date from the caption?
  2. Should I remove the "© MY NAME/Alamy Live News"?

 

 

I haven't done that much live news and haven't bothered to change my original headline etc. Should I be doing that?

 

Thanks.

 

Maria

 

If you change the caption you will have the usual limit on the number of characters. I think your decision to change would depend on whether you think the news caption will give you any false searches. I've only done news once and left the long caption.

 

Paulette

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