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Copyright or not?

 
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imagevillage


Joined: 09 May 2009
Posts: 484

Post Posted: Wed May 09, 2012 1:19 am     Reply with quote

I found this great port with mostly old photos, all without Model Releases. (Here is an example below.) Some of the photos look very old, but many others were made in the 1950s. Some shots even apprear to be taken from movies. Am I missing something here? What is Shutterstock's stand on submissions like this?
hhltdave5


Joined: 20 Jun 2006
Posts: 24083
Location: Our Stock, Food & Portrait photography books at www.rindersmithphotography.com

Post Posted: Wed May 09, 2012 6:28 am     Reply with quote

You got me. Not editorial and the image shows that a model release is not available.

The only possible reason I can think of is that the owner is the Everett Collection. This may be something accepted by Shutterstock as a collection from the heirs of the photographer.
semmickphoto


Joined: 12 Feb 2012
Posts: 6505
Location: Stuck between a shutter and a hard place

Post Posted: Sun May 13, 2012 5:12 am     Reply with quote

From their terms

Quote:
17. Releases

No model releases or other releases exist on any images unless EC specifies the existence of such release in writing. Licensee shall indemnify EC against all claims arising out of the use of any images where the existence of such release has not been specified in writing by EC. In any event, the limit of liability of EC shall be the sum paid to it per the invoice for the use of the particular image involved. Licensee will hold EC harmless from all claims for the use of the images, including defamatory use. EC gives no right or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art or architecture depicted in any image, and the Licensee must satisfy himself that all necessary rights, consents or permissions as may be required for reproduction are secured.


On their site:

Quote:
We’ve compiled some of the best retro imagery there is from our own files and that of affiliated archives such as Mirrorpix, Mary Evans, AISA, Wisconsin Historical Society and Keystone. Plus, we’ve made them easy to find by adding dozens of relevant keywords. You’ll see many unusual pictures that have rarely, if ever, been seen in the U.S. Instead of wading through large results that include lots of what you don’t need, our tightly edited file gives you the best chance of finding that great vintage image quickly.

Unless otherwise noted, the images on this web site are not model released. Where possible, we have made every reasonable attempt to identify the models in the Images by name. When the name of the model was found, we researched that individual and determined if he/she is deceased and, to the best of our knowledge, no estate exists. On the images where models were not identified, based on the age, subject of the photos and location where they were shot, we have concluded there is reasonable basis to assume the models in these images are no longer living and no estate for them exists in the U.S. We make no other representations or warranties.
 
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