January 4, 2016 at 12:33 am #25281
Just one thing in what Robin said. We are never saying that something is safe to use for commercial use – I doubt any other agency says that. We don’t control the use at the end of the day and so a model being used in an advert for escort agencies could be pretty unhappy. ALL we are really saying is “here is an image, I took it and have copyright, and either I have or I do not have releases.” All the rest is guidance, but not a guarantee.
This guy is very knowledgeable – I have his book, which is surprisingly interesting reading!
Just a quick response on that RF question – we never say that something can be used for any use – with an RF license we are offering them the ability to use it in any number of projects – as long as the use is acceptable based on our stated availability of releases.
One last point – I doubt if many people actually know what the words “commercial use” mean. It does not make that the person using the image expects to make some money – newspapers expect to make money and they use editorial images all the time. I tried to explain it in my blog post:January 4, 2016 at 1:37 am #25283
Shutterstock is very careful in its warranties:
Shutterstock warrants and represents that:
Shutterstock’s contributors have granted Shutterstock all necessary rights in and to the Visual Content to grant the rights set forth in Part I as applicable.
Visual Content in its original unaltered form and used in full compliance with these TOS and applicable law, will not: i) infringe any copyright, trademark or other intellectual property right; ii) violate any third parties’ rights of privacy or publicity; iii) violate any US law, statute, ordinance, or regulation; or iv) be defamatory, libelous, pornographic or obscene.
While Shutterstock makes commercially reasonable efforts to ensure the accuracy of keywords and descriptions, as well as the integrity of Visual Content designated “Editorial Use Only”, SHUTTERSTOCK MAKES NO WARRANTIES AND/OR REPRESENTATIONS REGARDING ANY: I) KEYWORD, TITLES OR DESCRIPTIONS; II) AUDIO IN FOOTAGE; OR III) VISUAL CONTENT DESIGNATED “EDITORIAL USE ONLY”. For the sake of clarity, Shutterstock will not indemnify or have any liability in respect of any claims arising from inaccurate keyword, titles or descriptions, any audio in Footage, or the use of Visual Content designated Editorial Use Only.January 4, 2016 at 1:40 am #25284
Warranty of Non-Infringement. Except with respect to content identified as “editorial use only,” your use of the content in accordance with this agreement and in the form delivered by iStock will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; and all necessary model and/or property releases for use of the content in the manner authorized by this agreement have been obtained.
“Editorial Use Only” Warranty Disclaimer. For content identified as “editorial use only,” iStock warrants that the content will not infringe on any copyright or moral right of the artist, but it does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted audio, designs, works of art or architecture depicted or contained in the content. In such cases, you are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the content identified as “editorial use only,” and you are solely responsible for obtaining such release(s). You acknowledge that no releases are generally obtained for content identified as “editorial use only,” and that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes when they have not provided a release.January 4, 2016 at 1:44 am #25285
So they are not saying it is “safe to use for commercial work” – rather they are saying what it doesn’t do – ie it doesn’t infringe on copyright, right of privacy etc. and that appropriate releases have been obtained. In our case, I think we are on the right lines if we state that we will notify the buyer if model and or property releases have been obtained and we will also make commercially reasonable efforts to identify images that can only be used for editorial work. I think the “no warranty clause” should be in the terms of the license somewhere.
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