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biketourist

Joined: 31 Mar 2006
Posts: 177
Location: Central California
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Posted: Sat Apr 28, 2012 5:15 am
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I have found several cases where my photo has been used to illustrate an article. The author gave me credit and I was paid the 38 cents.
Fine.
But then the article was picked up and used on perhaps five or six other web newspapers, blogs,or what have you, including my photo. Probably, the original author gave the other users permission to reprint the work.
What about the image? Should the reprinter pay for use of the photo? Obtain a new license? I'm a little unclear about rights in such a case. |
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hhltdave5

Joined: 20 Jun 2006
Posts: 24312
Location: Our Stock, Food & Portrait photography books at www.rindersmithphotography.com
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Posted: Sat Apr 28, 2012 7:16 am
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The purchase of a license is not transferable as specified in the buyers TOS.
http://www.shutterstock.com/licensing.mhtml
There are a lot of unknowns with your question because you are not sure of just what happened once the image was purchased. Has the image had more than one sale? Could the other users have bought it as well? Is the shot on another stock site and could have been purchased there?
I suggest that you contact the section of support that handles things like this and give them all the information.
infringementclaims@shutterstock.com |
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biketourist

Joined: 31 Mar 2006
Posts: 177
Location: Central California
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Posted: Sat Apr 28, 2012 12:16 pm
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Thanks, Dave. My question is really just one of fact and not anything I would want to pursue. I've discovered just three or four situations like I described. It could be the second or third tier users did, in fact, make the appropriate purchase.
I remember the "good old days" where, if an agency sold (or, rather rented) use of your transparency, you would get at least a tear sheet along with a fistful of money. You knew exactly where and how it was used in printed media.
But, retired in the digital age, I have no complaints! |
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