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Hornsea Saffron Jar - property release required?


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Over the weekend I was at my parents' home and decided to take a photograph of their rather dusty kitchen shelf which is home to some dusty old jars as I thought it was an interesting picture. I submitted the picture to Alamy and it's passed QC today (yay!) so I thought I'd keyword the photograph. I realised that much of the pottery on the shelf had an interesting (old) design and though I'd do a google search to see if the design had a name.. well, I found it and it turns out that it's 'Hornsea Saffron'. This is obviously a 'Hornsea Saffron' design and i guess I would include 'Hornsea Saffron' in my keywords. Apparently 'Hornsea' went out of business (accodring to Wikipedia at least https://en.wikipedia.org/wiki/Hornsea_Pottery)some time ago. So the question is, now that I have managed to put a manufacturer name/design to my Mum's dusty old jars, would I need to state that a property release is required or not? I had initially planned to list this with an RF license but now I know it's Hornsea, I'm not sure... Thoughts?

 

Here's the photograph:

 

DSC_2222_zpsamrcbi1o.jpg

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A property release isn't enough because the owners don't own the IP in the pottery.

It's a well-known, probably registered, design and the company which owns the IP still exists. Only they can release the IP. So strictly speaking they could still object to a commercial use.

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Hornsea is long gone but the IP in designs belong to Hornsea Potteries Intellectual Properties Ltd who are very much still around and trading (according to DueDil).

 

As 'art pottery' it's better to err on the side of needing a release from the IP rights holder...which I doubt you would get so editorial RM only...

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I'd set attributes as follows;

 

  • Does this image contain property that needs a release for commercial use?- YES
  • Do you have property releases? - NO
  • This will force the licence type to RIGHTS MANAGED 

Yes.. This is exactly what I've done. I also mentioned in the description that a release would be required from the IP holder to use the image commercially

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