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Poster Post
13/04/2012 5:53:20 p.m.

fatsprat

Posts 135 		Am I missing something about this editorial thing???

Regarding images of the Nikau palm sculpture in Wellington, if you search using "nikau" and "sculpture" under creative you bring up 2 images. If you search using the same terms under editorial you bring up 5 (of which 2 are the creative ones). However the content is pretty much the same for all those images. For example, one of mine is listed as an editorial licence but an almost identical image by scene stealer is listed as standard licence. I noticed this as the licence for Pippa's has just been sold, and initially I thought it was my image until I looked closer.

This discrepancy potentially creates a missed opportunity for a sale, for any of us, depending on how the client searches or how they want to use a licence.

I recall we had a discussion around copyright for this sculpture a while back, and decided that being a public work of art there was no problem listing it as creative. I remember ringing the Wellington City Council. So are you able to change the listings to give some consistency?

Cheers, Karen
mychillybin100463_646_t.jpg
14/04/2012 12:53:50 p.m.

mychillybin team

Posts 637 		Thanks Karen. Appreciate all discrepancies being pointed out.

Under the Copyright Act there is provision for photographs of public art for Editorial, but not for Commercial use. So normally, this palm, being public displayed art should be made available for Editorial Use only, and that is probably the though that resulted in some images of this being marked for Editorial use.

However, this is a special sculpture case (Ed - see below for more on this), as mychillybin has negotiated to be able to make works of the Wellington Sculpture Trust available for limited commercial use, with the requirement that Trust acknowledgement be given when the image is used - this requirement needs to be included in the Description.

We will review all the relevant Wellington Sculpture Trust sculpture images on Monday to make sure they are all treated the same way, and as per above. Apologies for any lost opportunities in the interim.

the chillys

PS Not for this work, but for some others some mychillybin photographers have approval for Commercial use of images that relate to their images - so on occasions there will be discrepancies in the treatment of the same work.
edited by mychillybin team on 16/04/2012
14/04/2012 3:29:56 p.m.

fatsprat

Posts 135 		Cheers, appreciate the quick response.
Karen
16/04/2012 10:21:37 a.m.

mychillybin team

Posts 637 		More on this - on checking today, the Nikau sculptures are not Wellington Sculpture Trust sculptures (like the fern sphere), so the Nikau images have been made Editorial Only where they are the subject of the image, and made Creative commercial use licence where they are just part of an overall scene.

Thanks again for drawing attention to this.

cheers for now
the chillys.
edited by mychillybin team on 16/04/2012
pages: 1

Home > Photography > Creative or editorial discrepancy.

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

General includes, for example;

Email any query to [email protected] 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 [email protected] 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 [email protected] 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 [email protected] 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 [email protected] 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 [email protected] 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 [email protected] for a rapid response.