Has anyone ever enforced the 500,000 limit?

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RichLegg
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Posted Sun May 18, 2008 5:01PM

i found that one of my images made the cover of a national magazine.  The media kit for the publication claims a 2008 circulation of 690,000.  The buyer didn't purchase an extended license.  I've sent an email to ce@istockphoto.com informing them of the violation. The license states that the fine for this is $.01 per each violation in excess of 500,000.


I just wondered if anyone else has ever caught something like this and, if so, how did it turn out?
kelvinjay
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Posted Sun May 18, 2008 5:16PM
Interesting. I've never read of a similar case yet, so would be very interested to see how this turns out. TBH though - I would probably just expect iStock to get the client to buy a retrospective EL, rather than fine them. Although $1900 would be sweet. Not sure what cut you'd get of any fine though.
SoopySue
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Posted Sun May 18, 2008 5:19PM
Yes, please report back on the outcome.
sjlocke
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Posted Sun May 18, 2008 5:31PM
You won't get the penalty money, but you will probably get an EL, after the fact.
timhughes
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Posted Sun May 18, 2008 5:46PM
Posted By LeggNet:

i found that one of my images made the cover of a national magazine. The media kit for the publication claims a 2008 circulation of 690,000. 

Is that number per issue or annually? If that is the annual circulation and it's a monthly that puts the distro at 57,500. 
bovinicus
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Posted Mon May 19, 2008 3:25AM
Congrats for making the front cover, anyhow.
RichLegg
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Posted Mon May 19, 2008 6:22AM


Posted By timhughes:

Posted By LeggNet:

i found that one of my images made the cover of a national magazine. The media kit for the publication claims a 2008 circulation of 690,000.



Is that number per issue or annually? If that is the annual circulation and it's a monthly that puts the distro at 57,500.



Y'know, I'm not sure if that is an annual number or a weekly distrubution.  The press kit doesn't clarify it. 


Here's the image:  http://www.theonion.com/content/magazine/natural_childbirth_how_morally


(the model wasn't overly thrilled with its usage, btw)
justelaine
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Posted Mon May 19, 2008 8:01AM
Wikipedia says "The Onion is an American "fake news" organization. It features satirical articles reporting on international, national, and local news as well as an entertainment newspaper and website known as The A.V. Club. It claims a national print circulation of 690,000[1] and says 61 percent of its web site readers are between 18 and 44 years old per the 2008 media kit." Type: parody newspaper Format: tabloid

Doesn't that negate the need for an extended license, since the photo is apparently being used in an "editorial" setting? (BTW, nice picture!)

Usually a newspaper's distribution numbers are stated on the masthead per issue in the manner of "250,000 daily circulation".

Also, according to Wikipedia, The Onion's printed edition is distributed free in Madison, Milwaukee, New York City, Chicago, Minneapolis-St. Paul, Denver/Boulder, Los Angeles, San Francisco, Austin, and Washington, D.C..[7] It is also sold in bookstores worldwide, including the United Kingdom, and is available by mail through paid subscription.

It will be very interesting to see how everything comes out.
pixzzle
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Posted Mon May 19, 2008 8:17AM
Have you actually seen this photo on the printed magazine, or is this just another one of thier parody-of-a-front-cover which only appears in their web site?
kelvinjay
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Posted Mon May 19, 2008 8:26AM
Posted By justelaine:

Doesn't that negate the need for an extended license, since the photo is apparently being used in an "editorial" setting? (BTW, nice picture!)

Usually a newspaper's distribution numbers are stated on the masthead per issue in the manner of "250,000 daily circulation".





Actually, I think you've got that the wrong way round.


It is adverts that are exempt from the EL requirements.



The license reads:

[li]either individually or in combination with others, reproduce the Content, or an element of the Content, in excess of 500,000 times without obtaining an Extended License, in which event you shall be required to pay an additional royalty fee equal to US $0.01 for each reproduction which is in excess of 500,000 reproductions. This additional royalty does not apply to advertisements in magazines, newspapers or websites or to broadcast by television, web-cast or theatrical production.[/li]

(Edited on 2008-05-19 08:29:26 by kelvinjay)
RichLegg
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Posted Mon May 19, 2008 11:49AM
Posted By pixzzle:
Have you actually seen this photo on the printed magazine, or is this just another one of thier parody-of-a-front-cover which only appears in their web site


The models in the image were told about it by someone who has the actual magazine.
mocker_bat
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Posted Mon May 19, 2008 12:56PM
This is really sad and wrong. If company has money to pay for ad place in big magazine they can afford paying EL. I think it's bad license for contributors. I've contacted to support about this while ago and have got no response. Just for reference if you check other microstock sites them either make no difference or make exemption for non ad. use. IS is the only site having this really strange policy


 


 

Posted By kelvinjay:






Actually, I think you've got that the wrong way round.


It is adverts that are exempt from the EL requirements.



The license reads:




[li]either individually or in combination with others, reproduce the Content, or an element of the Content, in excess of 500,000 times without obtaining an Extended License, in which event you shall be required to pay an additional royalty fee equal to US $0.01 for each reproduction which is in excess of 500,000 reproductions. This additional royalty does not apply to advertisements in magazines, newspapers or websites or to broadcast by television, web-cast or theatrical production.

(Edited on 2008-05-19 08:29:26 by kelvinjay)
[/li]



(Edited on 2008-05-19 12:57:27 by mocker_bat)
AzureLaRouxCLOSED
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Posted Mon May 19, 2008 12:57PM

According to the content license agreement the company must notify IS of any print runs over 500,000. Then IS will bill for the overage and it will be paid within 30 days. I don't know when they purchased the license but they may not have sent in their final print figures yet.


You would presumably get your standard royalty percentage of any invoiced overage. I can't find it now but one of the agreements/contracts pointed out that in cases of conflict with a buyer, where the buyer was sued for misuse and monetary damages awarded to IS, then you would get your royalty share of any net monies won. (Award - Lawyers fees) * your royalty percentage.
sjlocke
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Posted Mon May 19, 2008 2:21PM

Posted By mocker_bat:
This is really sad and wrong. If company has money to pay for ad place in big magazine they can afford paying EL. I think it's bad license for contributors.


We have complained about this in the past as well. Also, that the number is too high to start with for non-ad usages.


Posted By AzureLaRoux:
You would presumably get your standard royalty percentage of any invoiced overage.


Again, iStock will only go after getting an after the face EL, to keep the buyer happy.
charrongolf
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Posted Mon May 19, 2008 2:28PM
Many people seem to have complained about The Onion using thier photos. Or at least the models were not happy.
Camrocker
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Posted Tue May 20, 2008 9:28AM
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Posted By charrongolf:
Many people seem to have complained about The Onion using thier photos. Or at least the models were not happy.


 Yeah, I can understand why the models here wouldn't be happy. But isn't that the Photographers responcibility to explain to the models that their images may be used in a thousand ways they may not like? I don't think you can blame the Onion for using a Stock image for whatever means they desire. That is, as long as they paid for it!
Lobo
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Posted Tue May 20, 2008 9:42AM
Posted By charrongolf:
Many people seem to have complained about The Onion using thier photos. Or at least the models were not happy.

They are a very popular satire based news site. I think anyone who can't handle being fodder for satire is going to have an issue. They can be pretty funny some days. 
RichLegg
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Posted Tue May 20, 2008 9:56AM
Posted By Lobo:

Posted By charrongolf:
Many people seem to have complained about The Onion using thier photos. Or at least the models were not happy.


They are a very popular satire based news site. I think anyone who can't handle being fodder for satire is going to have an issue. They can be pretty funny some days.


Agreed. 


I'm still waiting for a response from ce@istockphoto.com btw...
RichLegg
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Posted Wed May 21, 2008 11:41AM

The CE department checked into it and just got back with me.  The final word is that while The Onion prints a weekly edition, this particular magazine is not printed but rather just a mock-up for the web.


I will say that I am pleased with the response of iStock in looking into this.
RASimon
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Posted Wed May 21, 2008 12:24PM
I love The Onion. It is hilarious.  However, it is upsetting if they did not buy a license when they should have.  As far as the models are concerned, while I understand how they may feel, they signed a release and therefore presumably understood that they had no editorial control over the photo. Comes with the territory. 
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