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Additional use of images?


mjsayles 8 1.0k
3 Jan 2008 6:58PM
Hi all,

Wondering if anyone could shed some light or give some advice...

Earlier this year I supplied several images for use in a BBC book (published to accompany a TV series). In the license it was made clear by me that the images were for publication in the book only, and could not be used for anything else, including advertising the book, without further license. This was not queried, and payment was received promptly. In fact they subsequently asked if they could use one of my images to promote the book in a magazine, and I granted a further license for this.

Anyway, looking on Amazon.co.uk today I notice that two of the images I supplied have been used in the 'enlarge photos' feature they have. This facility means that prospective customers can have a 'closer' look at some of the photos within a book. There are 5 photos that have been chosen for this feature, and like I say, two of them are ones I supplied.

Is such a use additional to the terms of the license I supplied? Surely they are using two of my photos to directly 'sell' the book? If this is the case, who is to blame, the BBC or Amazon, and what, if anything, can I do?

Or is it 'fair game' in situations like this for the interior of books to be used in such a manner? A kind of digital version of leafing through a book in WHSmiths...

It's no major beef, but I did wonder...

Cheers, and a belated Happy New Year to all at EPZ!

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fauxtography 9 6.6k 36
3 Jan 2008 7:11PM
is it the photos directly or a page layout from the book?
mjsayles 8 1.0k
3 Jan 2008 7:19PM
In one case it's the photo directly - but then it appears as a double page spread in the book (with no text on top), so it's the same thing! However, there is clearly no 'crease' down the middle, so it must have been supplied by the BBC, rather than Amazon just scanning the book!

In the other case, it's a double page spread again, but it has 'Chapter 1' (well, words to that effect) in one corner.
fauxtography 9 6.6k 36
3 Jan 2008 7:27PM
On amazon publishers can choose to let the interiors of books be visible, like leafing through in a book store...Its a bit of a grey area i suppose, but one i'd probably not worry about myself.

and congrats in getting your shots in a book Wink
mjsayles 8 1.0k
3 Jan 2008 7:34PM
Aye, that's what I thought - it is akin to someone leafing through it in WHSmiths or Waterstones. Thought it was worth querying though!

And thanks for the congrats! Smile
onevision 7 12
4 Jan 2008 11:48PM
i am trying to find out what is the usual business practice with regards to selling pictures for business or corporate use. I spoke to a business owner over the xmas period, and he informed me that if he paid a photographer to take photos for him, once he has paid the photographer for his time and the price of the photo, then he is free to do whatever he wants with the photos, for example placing them in a web site as well as using them in his brochures, for as long as he wishes to use them. As long as he does not sell them on he has done nothing wrong. If anyone can shed additional light on ths i would be gratefull.
keithh e2
10 23.2k 33 Wallis And Futuna
5 Jan 2008 9:41AM
That's pretty much the way it works.

There's a world of difference between being contracted to produce work and a client buying work already produced.
dave thelens 11 936 United Kingdom
5 Jan 2008 11:42AM

Quote:That's pretty much the way it works.

There's a world of difference between being contracted to produce work and a client buying work already produced.



I agree with Keith ... ifd a client asks me to produce some specific images for their use, then they can use them as they see fit (I of course reflect this in the fee charged) ... if its for images I have already produced then we reach an agreement over use and again its reflected in the fee charged

DTL
mjsayles 8 1.0k
7 Jan 2008 10:19PM
Just to clarify, that the slight hijacking may have muddied the waters here...

The photos used in the book were already produced - the BBC found them on my website and asked if they could use them. I wan't contracted to produce images for the BBC book - I issued a license for them to reproduce photos that I had already taken - for use in the book only.
keithh e2
10 23.2k 33 Wallis And Futuna
8 Jan 2008 9:21AM
They should, as publishers, issued you with a contract regardless of your licence. Most publishing contracts state that you agree to undertake reasonable steps to promote the work, which may include the publication of excerpts and/or photographs.
Stockczech 8 445 Czech Republic
8 Jan 2008 9:50AM
Echo Keith's comments.

I've seen several of my images on Amazon and TBH it never occurred to me to wonder about further payment. It is indeed

Quote:A kind of digital version of leafing through a book in WHSmiths...



Sheila

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