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Photo License Question
CoastalTom
Registered Users Posts: 9 Beginner grinner
I had a web developer buy several of my photos (download) from my SM site under the commercial license category. I would understand him using them on one website. However, I have discovered the same photos, in a flash slideshow, on three different websites that he developed for businesses.
Would this not be considered "reselling" which is directly prohibited in the license?
Here's the license from SM:
Would this not be considered "reselling" which is directly prohibited in the license?
Here's the license from SM:
View Commercial License
What you can do: Photographer or videographer ("Content Provider") grants you a perpetual, non-
exclusive, non-transferable, worldwide license to use the accompanying image(s) or video(s)
(collectively, "Media,") for permitted commercial purposes, defined as:
advertising, promotion, brochures, packaging
as part of a commercial website for promotional purposes (maximum 800x600 pixels) use
prints, posters, flyers, tearsheets for promotional purposes (not for resale)
prints, posters, or other commercial display of Media
magazines, books, newspapers, other printed publications
video, broadcast, theatrical
What you may not do: Buyer may not resell, relicense, redistribute without express written permission
from Content Provider. Use as a derivative work, and reselling or redistributing such derivative work is
prohibited. Media may not be used in a pornographic, obscene, illegal, immoral, libelous or
defamatory manner. Media may not be incorporated into trademarks, logos, or service marks. Media
may not be made available for download.
Content Provider retains all rights, license, copyright, title and ownership of the Media.
There is no warranty, express or implied, with the purchase of this digital image or video file. Neither
Content Provider nor SmugMug will be liable for any claims, or incidental, consequential or other
damages arising out of this license or buyer\'s use of the Media.
What you can do: Photographer or videographer ("Content Provider") grants you a perpetual, non-
exclusive, non-transferable, worldwide license to use the accompanying image(s) or video(s)
(collectively, "Media,") for permitted commercial purposes, defined as:
advertising, promotion, brochures, packaging
as part of a commercial website for promotional purposes (maximum 800x600 pixels) use
prints, posters, flyers, tearsheets for promotional purposes (not for resale)
prints, posters, or other commercial display of Media
magazines, books, newspapers, other printed publications
video, broadcast, theatrical
What you may not do: Buyer may not resell, relicense, redistribute without express written permission
from Content Provider. Use as a derivative work, and reselling or redistributing such derivative work is
prohibited. Media may not be used in a pornographic, obscene, illegal, immoral, libelous or
defamatory manner. Media may not be incorporated into trademarks, logos, or service marks. Media
may not be made available for download.
Content Provider retains all rights, license, copyright, title and ownership of the Media.
There is no warranty, express or implied, with the purchase of this digital image or video file. Neither
Content Provider nor SmugMug will be liable for any claims, or incidental, consequential or other
damages arising out of this license or buyer\'s use of the Media.
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www.ArtMorganFineArt.com
Sam
While I agree that the image was not resold, I disagree that the photo can be used on more than one website because the term "website" is singular and not "websites" which is plural. A little s can make such a big difference.
If the photo is on more than one page under a single domain, then I would agree. If it is under multiple domain names, I have to disagree. Since the contract wording excludes re-disbursement but does allow for commerical use on a single website, IMO it comes down to the definition of whether the developer used it on a single site or not. That is so subjective it is something for an attorney to review.
Perpetual means they have unlimited use of the content. They aren't redistributing it any more than putting it on one site is redistributing it. Redistribution would be like putting it on a cd and handing it to their friends. Or including it in a template.
It certainly doesn't mean "reselling" as the OP thinks. Does the OP imagine the only people that might license their image develop and host their own site? Of course not. Web developers license images to develop websites.
In the daily running of their commercial business, they are using the content as they need to develop websites. The license doesn't say "a single website".
This, of course, assumes that the websites are independently run. If the developer runs all the websites himself, he may have a right to use the photo.
Taaaaalking with a lawyer would be your best bet though. You wouldn't trust uncle Bob to shoot your wedding. I wouldn't trust him for legal advice
Uhhh as I read it the license does indicate a single website. The license doesn't stop at the generic word purposes. It goes on to actually define the allowed purposes -- and one of those purposes is as part of a commercial website for promotional purposes (maximum 800x600 pixels) use
Call your attorney...
Great advice and
That's silly. The whole point of a developer or designer buying stock is to use it in projects. Just like he can do an ad campaign for Coke with an image and then another next week for Nike with the same image, he can do a website for one party, and another for another. If you don't like that, don't sell RF.
Sounds like the OP wants to sell Rights Managed.
I read it as examples of allowed purposes.
Q:What can I do with this?
A:Oh, you can put it in a brochure, on a website, in an ad, pretty much anywhere you need an image.
The concept of branding for sites, commercials, etc is to give a unique experience to the visitor. Reuse of the same photos for several sites basically lacks creativity and if I were one of the other companies where they used them and found out about it, I wouldn't be happy.
Same with the example of using an image for a Coke ad and then a week later for a Nike ad. Those are the big leagues. If they found out about that, they would be pretty darn upset at the designer / ad company regardless of the rights or specifications of the image licensing.
So regardless if the wording on the license means this or that, a well thought out note to the other site owners pointing out the duplication of images on their sites might get those taken down.
...ya never know... maybe worth a shot. lol
To me, it seems that the contract doesn't intend for the image to be provided to multiple businesses like that. But it isn't very explicit either... I think a vague contract is gonna be resolved in favor of the buyer.
Probably best to write your own license if you want to control the use
Please, the Nike/Coke thing was obviously hypothetical.
It isn't your job to judge (or base the rules on) the effectiveness of a marketing campaign. You are supplying content under a typical RF license.
Nope... I didn't supply the content at all. All I was saying was my opinion only and one of a professional web designer is that reusing said images on several sites is lame.
I just offered another perspective. lol
By correct definition of the words used, it is not "examples of allowed purposes." If it only said as after the word purposes and comma, then perhaps. However, because the word defined is the action after the pause the action is
1. to state or set forth the meaning of (a word, phrase, etc.): They disagreed on how to define “liberal.”
2. to explain or identify the nature or essential qualities of; describe: to define judicial functions.
3. to fix or lay down definitely; specify distinctly: to define one's responsibilities.
4. to determine or fix the boundaries or extent of: to define property with stakes.
5. to make clear the outline or form of: The roof was boldly defined against the sky.
[reference: dictionary.com]
then the meaning is clear, definite and distinct. I just couldn't resist throwing in those synonyms of defined
Again, if the developer wants to argue that the use is permitted, then by all means that is the developers prerogative. That's why we still have our legal system to refer to.
Turn off commercial downloads on smugmug! Add in your site text somewhere that commercial downloads are available and to please contact you directly for that information.
This way you can create your own licensing verbiage as well as give them a price based on the scope of their intended use. You really don't want a stock price for commercial licensing without knowing, where it will be used, how large the image size will be, how long the image might be displayed as well as other factors. From another site as a guide..
The size of the photo.
The kind of use (editorial, corporate/industrial, promotional/advertising).
The region the photo will be used (local, regional, national, international).
The number of times the photo is copied for distribution (circulation size, print run or number of hits on a web site).
The length of time the photo is needed.
Exclusivity (Do you need to be the only one to use this photo in your magazine, company publication, advertising campaign?)
Location where the photo will be used (Inside page, cover page, home page, banner, package, poster, billboard, etc.).
How the photo is to be printed (Color or Black & White).
Finding out usage up front can help you determine the price more fairly. There are several sites that can help you take this in consideration and help you to deliver a more informed price for your image.
Sigh. That was the "royal" you.
So you weren't actually commenting on the topic at hand. And apparently you miss the entire point of licensing content as stock. Got it.
Wow... tough crowd these days. This used to be a friendly place... I guess I should rethink and go elsewhere.
Sorry for the bother.
let's stay on topic and focus on the OPs question. thank you
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Thank you for the suggestion. Between it and the OP experience, it helps me in my endeavors to prevent rather than cure. I turned off commercial use in my listings.