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DPChallenge Forums >> Stock Photography >> one of my pic used on the cover of a book
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02/26/2015 10:29:46 AM · #26
Originally posted by Alain:

I just found one of my picture used on the cover of a best selling book. It's on the french version of "Dead scared" by Sharon Bolton

Here's the image of the book: and here's my picture:

My image is on several site that sells stock images but I'm just wondering about the license for this kind of use for a picture? I don't remember selling it anywhere for more than pennies or a few dollars. And what about credit? Are they suppose to give the credit for the photographer?


first off, congrats on the image/book cover.
secondly, and truly no offense is intended, but they were able to pull a LOT of detail from the shadows that you just didn't seem able to. ;)
02/26/2015 10:34:25 AM · #27
Originally posted by Alain:


My image is on several site that sells stock images but I'm just wondering about the license for this kind of use for a picture? I don't remember selling it anywhere for more than pennies or a few dollars. And what about credit? Are they suppose to give the credit for the photographer?


I don't know what sites you submit to. They all have different rules about how you can use a photograph once purchased. I would think they would have had to have purchased an EL (extended licence) to use on best selling book. However it all has to do with the number of copies made. So a book that is only going to sell 500 copies wouldn't need one but here are shutterstocks terms for requiring an EL:

In print media, digital media, product packaging and software including magazines, newspapers, books (including print-on-demand books), e-books, advertising collateral, letterhead, business cards, product labels, CD and DVD cover art, applications (including mobile "apps"), and opt-in e-mail marketing, provided that no Image is reproduced more than two hundred fifty thousand (250,000) times in the aggregate, and that the Images cannot be readily unincorporated from such digital media or software

So if it is going to be viewed or printed more than 250,000 times they require you purchase an EL or an SOD. EL and SOD prices vary anywhere from the typical $28 like on shutterstock to hundreds of dollars for one image on a SOD (which is a one time purchase negotiated between the buyer and shutterstock)

If this book is a best seller I would think you would have had to have gotten at least $25 for it somewhere. Although sites like Fotolia will sell an EL for much cheaper if you are not careful and don't adjust your price when uploading the photo.
02/26/2015 10:39:49 AM · #28
Are you a shutterstock contributor? If so I would take this to their forums. Post to the "anything goes" forum and you will get much more help about who to contact and what to do if you feel like you have had your image misused. If you are not a shutterstock contributor there are great forums on the Microstock Group forums. I would post your question there as well. If you do find that your image has been misused sometimes you can just send them a bill for what you feel you should have been paid for the image. It doesn't always work but some people would rather just "pay up" and not have to deal with any legal stuff.
02/26/2015 11:23:22 AM · #29
Originally posted by sjhuls:

Are you a shutterstock contributor? If so I would take this to their forums. Post to the "anything goes" forum and you will get much more help about who to contact and what to do if you feel like you have had your image misused. If you are not a shutterstock contributor there are great forums on the Microstock Group forums. I would post your question there as well. If you do find that your image has been misused sometimes you can just send them a bill for what you feel you should have been paid for the image. It doesn't always work but some people would rather just "pay up" and not have to deal with any legal stuff.


I did contact the guy who did the cover for the book, he replied quickly and explained that the photo was purchased directly from Istock by the book publisher and then they did send him the picture so he can do the cover.

He also mentioned that the credits given inside the book is done by the publisher and that he does not have any control over it… He seems to be a nice guy and I kind of believed him. Anyway, it’s fun to see one of my picture on the cover of a book, I just wished that proper credit would have been given.

Thanks all for the replies, highly appreciated. :)

Edited to add that I earned $27 USD from Istock for the license given to the publisher.

Message edited by author 2015-02-26 11:44:51.
02/26/2015 11:24:28 AM · #30
Originally posted by RyanW:


first off, congrats on the image/book cover.
secondly, and truly no offense is intended, but they were able to pull a LOT of detail from the shadows that you just didn't seem able to. ;)


LOL
10/16/2015 05:54:48 AM · #31
Its awesome and congratulation. But they should have gave credit to you. Its totally violating the copyright rule.
10/16/2015 08:12:40 AM · #32
The same thing happened to me with this photo:


It found it's way onto the cover of this book without my knowledge and I only stumbled across it online years later. I've never seen the book anywhere except on Amazon, so I don't know if I'm credited somewhere that doesn't show up on the digital preview.

The photo is on sale on several microstock sites, so I don't know where it was sold, but as far as I can recall I've never sold an extended license on this particular photo. The book will probably never be a best seller though.

I'd love to have a copy of the book, but it's far too expensive.
10/16/2015 01:46:40 PM · #33
may be a silly question, when you post on a stock photography site or may be say DPC, how would I know whether the photograph got sold to someone or not? should I get some sort of notification? if not are they not fall under any sort of law?
10/16/2015 02:12:57 PM · #34
At royalty-free or micro-stock sites you typically get notified (or can easily look up) when a photo is licensed (not "sold") and for how much, but not who uses it or how. When you register with the stock site you'd set these in your preferences.

At a "regular" stock site you may get to know who uses it and how, but I don't think the publisher is required to give specific credit to the photographer as long as they have the appropriate license and pay the assigned royalty.
10/16/2015 04:47:39 PM · #35
Originally posted by GinaRothfels:

The same thing happened to me with this photo:


Kinda off topic, but I've always thought you had one of the coolest profile pic's here Gina, I think it's the fingerless gloves. It makes me want to go out on a date with you.
10/16/2015 05:24:37 PM · #36
Originally posted by GeneralE:

At royalty-free or micro-stock sites you typically get notified (or can easily look up) when a photo is licensed (not "sold") and for how much, but not who uses it or how. When you register with the stock site you'd set these in your preferences.

At a "regular" stock site you may get to know who uses it and how, but I don't think the publisher is required to give specific credit to the photographer as long as they have the appropriate license and pay the assigned royalty.


Correct. By selling from a stock site, you give them permission to license your image to anyone who pays the fee. They are supposed to notify you, or at the very least, keep records of when your image was licensed and for how much. Some do not send out checks until your fees reach a certain threshold.
10/16/2015 05:38:57 PM · #37
Originally posted by smardaz:

Originally posted by GinaRothfels:

The same thing happened to me with this photo:


Kinda off topic, but I've always thought you had one of the coolest profile pic's here Gina, I think it's the fingerless gloves. It makes me want to go out on a date with you.


Thanks. The reason for the gloves was because I was shooting for a winter challenge (not at DPC) in the middle of summer.
10/16/2015 08:30:21 PM · #38
what all are good stock photography websites?
10/16/2015 08:54:28 PM · #39
Originally posted by pgirish007:

what all are good stock photography websites?


I sell only through Alamy, and recently an image sold to a UK firm for greeting cards. As they are the one site I do business with, all my images are exculsive to them.

But you better be warned...they have a list of about 25 reasons for rejecting an image. Say you upload 20 images, and 19 of them are absolutely technically perfect, but just one has a teeny tiny little flaw? WHAM!! All 20 will be rejected. So if any of your images are not up to their criteria, don't bother sending it in.
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