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Scene Stealer New Zealand

Posts 42
I am just wondering how the Chillies feel about sales lately. From what I can see, creative far outweighs editorial sales. As a result, although I have a number of editorial pics waiting in the wings, I am loathed to put the time and effort into them if they aren't going to generate sales.

Was your expectation that editorial sales would be doing very well by now, or is this what you expected?

Mark Roberts

Posts 37
It's too soon for me to judge.

In general, my editorial images didn't require a lot of effort, although I did slam on the brakes to get this one and others similar.

mychillybin team

Posts 586
Will try and do some initial analysis on this in the next few weeks. There is still a lot of marketing to do with Editorial Images, as much of this is waiting on a reasonable stock of Editorial Only Images building up.

Cheers for now
the Chillys

fatsprat

Posts 132
Hi guys,

When I look at what now constitutes editorial only images, I'm getting a bit confused over the boundaries. What might previously been accepted as standard is editorial only. This image is an example, what is the content here that is copyrighted or needs a release?

Karen

mychillybin team

Posts 586
Hi Karen

Thanks for raising this. The relevant part of the image at 100% of viewing size is shown below ( which we appreciate is not able to be seen from the main image on the site).

Two different tests are used to assess whether an image is suitable for creative commercial use; which one is used depends on how sensitive the image is judged to be. This particular image, in terms of being taken in a very public place is favourable for the less stringent test, however due to the physical proximity of the 2 people in the image overall we favoured the more stringent test for this image.

Stringent Test. The individuals in our view could clearly recognize themselves visually (even without relying on context). So by this test as they have not approved the image it would need to be for Editorial use only.

Less Stringet Test. This asks whether other people could recognise the person or people if they know them. In our view this is hard to answer definitively for this image - it could be viewed either way - the woman's hair and man's beard are quite distinctive. However as noted abouve the decision was made to use the stringent test for this image.

No doubt there may be examples in the library where these is a small degree of inconsistency around this point, due to human judgement, so will always be the case - but we would welcome our attention being drawn to all major deviances from these tests.

Has this changed with the introduction of Editorial Images? The Chillys took further legal advice about image selection at that stage, and the only significant difference that emerged was the need to classify images of public art as being for Editorial Use only. This is because (from memory) the Copyright Act has a provision allowing photography of such for Editorial Use, but not for commercial use. So unless there is a property release (or the art is incidental in the image) such images of pbulic artworks need to be for Editorial Use only. We are in the process of reviewing existing images of public art to implements this change.

Interesting stuff .. would be nice if the law was much clearer, but there have not been many cases in New Zealand to set precedents.

cheers
the Chillys
edited by mychillybin team on 31/03/2012
edited by mychillybin team on 31/03/2012

fatsprat

Posts 132
Hi,
Thanks for a comprehensive answer, it's much clearer to me now. I'd say that there would be some images in my earlier collection that would struggle to pass the stringent test. You are right in that it is a fine line in choosing.

Karen
pages: 1


Home > Photography > Creative vs Editorial sales

Select General image use for all applications that are not purely editorial in nature.

General includes, for example;

Email any query to fast@mychillybin.co.nz for a rapid response.

This image is available for both General use, and also for Editorial use

General use, in short, includes;

Editorial use, in short, means material of genuine public interest and containing no commercial message, advertorial content, or similar, on blogs, on information signage, in magazines, in newspapers and in newsletters

Email any query to fast@mychillybin.co.nz for a rapid response.

Select Editorial image use for images for editorial use in:

Editorial use, in short, means material of genuine public interest and containing no commercial message, advertorial content, or similar.

Note that whilst these images will be suitable for Editorial Use, some of these images are not able to be used for General purposes as they contain brands, people, etc without needed legal releases.

Email any query to fast@mychillybin.co.nz for a rapid response.

This image is available only for editorial use.

In short, this means material of genuine public interest and containing no commercial message, advertorial content, or similar. Material such as;

These Editorial Use Only images are not available for General purposes as they may contain identifiable people, intellectual property, etc, without needed legal releases.

Email any query to fast@mychillybin.co.nz for a rapid response.

Select the Exclusive Use Licence Full or Forward for exclusive image use, for a specified period of time.


May be used in the following applications:

(i) Editorial content - material that is of genuine public interest and free of advertising and advertorial content.

Except when the actual image is shown to be for Editorial Use Only, then it can also be used for the specified period in the sames way as the Enhanced Licence, as follows

(ii)   Items not for resale (e.g. ads, marketing materials, websites, social media posts, unpaid apps, posters, flyers, reports, ...)

(iii)   Items for resale (e.g. use of image on coasters, paid apps, screensavers, or printed map books, reports, magazine covers etc that are sold on websites or through shops ...)

Specified Period - images may not be used beyond the specified period, without a further licence of some type being obtained.

For more including prohibited uses, see full Standard Licence, Enhanced Licence, Exclusive Licence, or email your query to fast@mychillybin.co.nz for rapid response.

Select the Enhanced Licence for any of the following:

(i) Items not for resale (e.g. ads, marketing materials, websites, social media posts, unpaid apps, posters, flyers, reports, ...)

(ii) Items for resale (e.g. use of image on coasters, paid apps, screensavers, or printed map books, reports, magazine covers etc that are sold on websites or through shops ...)

The Enhanced licence is not needed for Editorial Applications.

For more, including prohibited uses, see full Standard Licence, Enhanced Licence, Exclusive Licence, or email your query to fast@mychillybin.co.nz for rapid response.

Select the Standard Licence for any of the following:

(i) Editorial content of general public interest in blogs, social media, newspapers, magazines, newsletters

(ii)  Items not for resale, up to 100,000 copies

(iii) Items for resale - not coveredThe Enhanced Licence or the Exclusive Licence are needed for items for resale.  Items such as paid apps, coasters, place mats, sold books, greeting cards, etc.

For more, including prohibited uses, see full Standard Licence, Enhanced Licence, Exclusive Licence, or email your query to fast@mychillybin.co.nz for a rapid response.