Hi

I'm sorry to have my first post asking for help, but I'm hoping somebody will know the answer.

I've come across a major company giving away a large hi-res copy of my image as a free wallpaper they are also letting people download a calendar version (again at full res) they also have it on the web page (and as a banner on there FB page)

I've never had an EL on this pic...can they let anyone download it without any credit to me & without buying an EL..I would have thought they would need an EL to re-distribute it..or am i just being naive and a normal license  would cover this?

any help appreciated

No regular license would cover it, and I don't know of any EL that allows distribution.

Thanks, so I should maybe contact them then?

Quote from: sjlocke on February 20, 2013, 10:57

No regular license would cover it, and I don't know of any EL that allows distribution.

Thanks, so I should maybe contact them then?

Also contact the support team of the agency they got the file from, if you know it.
Of course, they might just have lifted the file off another page, maybe a legitimate buyer, rather than licensed it themselves.

Thanks i've just tried to be nice and offer them to buy an EL to cover this use..I'll see what if any reply I get?

Who sells an EL for that use?

Do feed back any repsonse.

As I know, EL is required anyhow when ur image is used in distribution.

What does this mean? Re-selling the actual image?
I doubt if any agencies allow this, but check the t&c of the agencies you sell through.

However, I'm thinking if the company distributes their corporate calendar or wallpaper to their clients, and the stock image plays a minor role, maybe it is fine to use standard license? Anyone know?

Again this totally depends on each agency's specific terms and conditions.
With RF, there is normally a 'print run' above which an EL must be purchased, and it doesn't matter how prominent the image is.
For example, at iStock, if your image is used in a calendar or book, it doesn't matter whether it's the cover image or used tiny on the inside so most people would overlook it, it's the print run that counts, so they'd have to buy an EL only if the print run goes over 500,000.

I think you're a bit mixed up between RM usages and RF.
In RM, the buyer would pay more for a front cover use compared to a spot size inside.

The bottom line is that each agency has its own terms and conditions of use, for both vendors and buyers, and it's up to you to check what these T&C are for every agency you use. Then if wondering about a specific use you find, you need to know which agency it came from.

In terms of chasing up suspected misuses/abuses, again you'd better know which agency the image was purchased from and check what their policy is. They may not want you to go chasing abuses themselves, in which case you should at least give them a chance to chase it up for you. Chasing up a customer yourself with demands, when it might have been a legit sale under the t&c of a particular agency, would be liable to get you booted out.