2016-06-01, 10:23:03
yuma2 - nie jestem pewien, czy masz rację...
Wpis, ktory daje do myślenia:
"If you're selling an image as RM on one site, and RF on another, you're likely to encounter legal problems. RM goes with the image, not the site. A possible and hypothetical scenario: I'm a buyer, and I want a particular image, but I don't have the budget to hire a photographer, model, MUA, stylist, etc. I don't want an exclusive, but neither do I want to use an image that has been used or that could be used by one of my competitors, so I look through a RM collection, find just the right image that fits that criteria, and I purchase the rights to that image in a way that precludes that image from being used in a similar fashion (i.e., that image can't be used in association with a competitor's product). Later, I discover that the same image was purchased and used on a RF basis by a competitor. I'm furious because the image was presented to me under false pretenses, so I sue everyone involved - the RM site, the RF site, the photographer, and anyone else who even remotely could be held responsible or accountable. I have a strong case to present in court, and I'm seeking punitive damages plus compensation for lost income, lost market share, attorneys' fees, etc. As a photographer, if I were to offer an image as RM, I certainly wouldn't offer it as RF on another site because of just such a likely scenario, and I would limit the RM image(s) to one site. How could the rights be tracked and managed otherwise?"
Źródło:
http://www.microstockgroup.com/alamy-com...-alamy/25/
Wpis, ktory daje do myślenia:
"If you're selling an image as RM on one site, and RF on another, you're likely to encounter legal problems. RM goes with the image, not the site. A possible and hypothetical scenario: I'm a buyer, and I want a particular image, but I don't have the budget to hire a photographer, model, MUA, stylist, etc. I don't want an exclusive, but neither do I want to use an image that has been used or that could be used by one of my competitors, so I look through a RM collection, find just the right image that fits that criteria, and I purchase the rights to that image in a way that precludes that image from being used in a similar fashion (i.e., that image can't be used in association with a competitor's product). Later, I discover that the same image was purchased and used on a RF basis by a competitor. I'm furious because the image was presented to me under false pretenses, so I sue everyone involved - the RM site, the RF site, the photographer, and anyone else who even remotely could be held responsible or accountable. I have a strong case to present in court, and I'm seeking punitive damages plus compensation for lost income, lost market share, attorneys' fees, etc. As a photographer, if I were to offer an image as RM, I certainly wouldn't offer it as RF on another site because of just such a likely scenario, and I would limit the RM image(s) to one site. How could the rights be tracked and managed otherwise?"
Źródło:
http://www.microstockgroup.com/alamy-com...-alamy/25/
