I’d suggest that the discussion here is helpful and will help refine editorial use.
As far as warning the buyer, I’d submit sellers include something like “You may not use an image designated “Editorial Use Only” for commercial purposes.”
To add to Redneck’s question about selling images with people and no release, on New Year’s Day I photographed the Mummers Parade in Philadelphia. Thousands of costumed Mummers paraded past me on a public street. No way could you get them to stop and sign a release. Clearly editorial, and I could sell the same image to various publishers, such as blogs writing about great parties, or travel destinations, etc. But the image, for example, cannot be used on tee-shirts for sale. When someone licenses the use via my site or Symzio, we have to assume they will use it correctly. If we told them it is editorial and we told them editorial cannot be used for commercial purposes, I’d think that is clear, We warned them and we told them, what more can we do?
Yes, those of us offering editorial images for license must mark them. But the end user is the one ultimately responsible for how the image is used.
I agree with Steven – the responsibility for proper usage must rest with the purchaser/publisher. There is no way anyone selling a stock image can know how the end user (publisher) will actually use the image. Even if we have an image marked as “editorial” use only, how are we to know that it will not be used commercially?
Yes, we should be marking editorial images as editorial. But I think when Steve says “it is their decision and their risk” is right on.
I am just building site, but I am going to follow Steve’s lead and include similar language that you – the purchaser – are responsible for proper use – just as you re to adhere to the terms of the license usage.