Author Topic: Kind of license (Read 4237 times)

Toxi · « **on:** December 14, 2018, 08:29 »

Hello!
I found, that my photo was used by one of major smartphone producer (think they sold about 300mio) as standart wallpaper (they deliver new phones with photo inside).
This phone never was sold with extended or premier license at shutterstock.
What do you think? Is there reason to try get smth from this producer?

davidbautista · « **Reply #1 on:** December 14, 2018, 08:44 »

Quote from: Toxi on December 14, 2018, 08:29

Hello!
I found, that my photo was used by one of major smartphone producer (think they sold about 300mio) as standart wallpaper (they deliver new phones with photo inside).
This phone never was sold with extended or premier license at shutterstock.
What do you think? Is there reason to try get smth from this producer?

Yes!

Toxi · « **Reply #2 on:** December 14, 2018, 08:53 »

Yes!
[/quote]
What? How much?

Not Today · « **Reply #3 on:** December 14, 2018, 09:41 »

Maybe check if your work hasn't been copied or stolen by another contributor on different websites, he could have sold it to this company as his own work.

Toxi · « **Reply #4 on:** December 14, 2018, 09:44 »

Quote from: Not Today on December 14, 2018, 09:41

Maybe check if your work hasn't been copied or stolen by another contributor on different websites, he could have sold it to this company as his own work.

no, nothing like this. I checked

davidbautista · « **Reply #5 on:** December 14, 2018, 09:49 »

Quote from: Toxi on December 14, 2018, 09:44

Quote from: Not Today on December 14, 2018, 09:41
Maybe check if your work hasn't been copied or stolen by another contributor on different websites, he could have sold it to this company as his own work.
no, nothing like this. I checked

I imagine that if your picture is going to be in thousands of phones it's kind of reselling. You should contact shutterstock and the company?

Enviado desde mi ALP-L29 mediante Tapatalk

Sean Locke Photography · « **Reply #6 on:** December 14, 2018, 11:31 »

Quote from: davidbautista on December 14, 2018, 09:49

Quote from: Toxi on December 14, 2018, 09:44
Quote from: Not Today on December 14, 2018, 09:41
Maybe check if your work hasn't been copied or stolen by another contributor on different websites, he could have sold it to this company as his own work.
no, nothing like this. I checked
I imagine that if your picture is going to be in thousands of phones it's kind of reselling. You should contact shutterstock and the company?

Enviado desde mi ALP-L29 mediante Tapatalk

It’s not reselling. Nobody is buying the phone for wallpaper. However it could be over the usage limit.

Justanotherphotographer · « **Reply #7 on:** December 14, 2018, 11:36 »

I found something similar with one of my images a few years ago. I sent the company a very polite email saying "thank you for licensing my work for use, please give me the details of the license purchased for my records".
I got an extended license sale from IS a couple of days later and a letter in the post saying they licensed it from there.

Not saying this was the best way to handle it, but it's what I did. It was a bit easier for me because it was a printed product, clearly selling in excess of what a standard license would allow.

davidbautista · « **Reply #8 on:** December 14, 2018, 12:00 »

Quote from: Justanotherphotographer on December 14, 2018, 11:36

I found something similar with one of my images a few years ago. I sent the company a very polite email saying "thank you for licensing my work for use, please give me the details of the license purchased for my records".
I got an extended license sale from IS a couple of days later and a letter in the post saying they licensed it from there.

Not saying this was the best way to handle it, but it's what I did. It was a bit easier for me because it was a printed product, clearly selling in excess of what a standard license would allow.

It's kind of the same with videos. For example, one time private use vs an ad that many people can see.

Toxi · « **Reply #9 on:** December 14, 2018, 15:55 »

Quote

It’s not reselling. Nobody is buying the phone for wallpaper. However it could be over the usage limit.

it's not reselling, but same time they give access to the digital copy of file to millions of phone buyers.

Toxi · « **Reply #10 on:** December 14, 2018, 15:59 »

Quote from: Justanotherphotographer on December 14, 2018, 11:36

I found something similar with one of my images a few years ago. I sent the company a very polite email saying "thank you for licensing my work for use, please give me the details of the license purchased for my records".
I got an extended license sale from IS a couple of days later and a letter in the post saying they licensed it from there.

Not saying this was the best way to handle it, but it's what I did. It was a bit easier for me because it was a printed product, clearly selling in excess of what a standard license would allow.

my opinion, that it isn't right - first - to use, and only after - to pay for license.
Same time i think, that in my case extended license is not enough.

Sean Locke Photography · « **Reply #11 on:** December 14, 2018, 16:57 »

Quote from: Toxi on December 14, 2018, 15:55

Quote
It’s not reselling. Nobody is buying the phone for wallpaper. However it could be over the usage limit.
it's not reselling, but same time they give access to the digital copy of file to millions of phone buyers.

Not really. It's not that different from a book cover.

Jo Ann Snover · « **Reply #12 on:** December 14, 2018, 19:08 »

Quote from: Toxi on December 14, 2018, 15:55

Quote
It’s not reselling. Nobody is buying the phone for wallpaper. However it could be over the usage limit.
it's not reselling, but same time they give access to the digital copy of file to millions of phone buyers.

And online versions of magazines and newspapers which have licensed photos make digital copies of our files available to the entire internet. It's no different unless there are limits on the number of impressions.

The buyer of the phone can look at the image as often as they want but can't use it in a blog without licensing it (or at least should do that to avoid copyright infringement).