Through flickr, I have been invited to license some of my photographs through Getty Images. Initially flattered, I have become a little concerned when I read through the legal agreement at the end of the registration process - for example the exclusivity clause;
All Content submitted to Getty Images is on a Content exclusive basis. This means that Content submitted to Getty Images and any other content that is substantially the same (a "Similar") may not be licensed to any third party unless Getty Images has notified you that it has been rejected. However, on a non-exclusive basis, You may use Content and any Similars for your personal or self promotional, non-commercial use, including sharing Content on photo sharing websites, blogs or social networking websites for personal or self-promotional/non-commercial use, provided that you do not compete with or limit the rights granted to Getty Images under the Agreement. Also on a co-exclusive basis with Getty Images, you may use Accepted Content that is available for license through a royalty-free license model in connection with the sale by you of prints, t-shirts and other retail merchandise where the Accepted Content is the focus of the product, so long as you are not licensing or giving away rights to the Accepted Content for anything other than such merchandising. On an exclusive basis you may use Content and any Similars for limited edition, signed and/or numbered fine art prints (though Getty Images retains the exclusive right to sell and license prints not signed or numbered).
Does this mean, for example, that I'd have to withdraw my current book from public sale, as some of the images they have invited appear in that? Given that I am an obscure amateur photographer, I'm highly unlikely to make significant income through sale of images, and I'd probably prefer to keep full control over my photographs, and publish what I like, when I like. Or am I being unduly cynical?
Advice and insight from those who have experience in this area would be highly appreciated.
David
Bookmarks