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LEGAL

My Stock Collection acts as a venue and a platform to allow users that comply with MSC policies to showcase, sell, buy or offer for free certain images within a fixed-price format determined by the seller.

MSC is not directly involved in the transaction between buyers and sellers, and does not accept any legal responsibility for any images and transactions that the website facilitates. As a result, MSC has no control over the quality, safety, morality or legality of any aspect of the items listed. MSC does not pre-screen users or the content or information provided by users. Website content and quality is managed by its members by means of the Flagging and Quality control interface.

LICENSING TERMS AND CONDITIONS OF SALE

Any Photos or Art image (in accordance with the user guidelines) are accepted on MSC, but it is important to note that certain photos are more in demand than others.

The most sought-after topics are, in no particular order:

Business and Commerce, Sports, Action, Travel, Food, Transport, Holydays, Calibrations, Senior Citizens, Technology, Health Care, Wellness, Beauty and Spa, Religion, Iconic buildings.

MSC offers ROYALTY-FREE images sold without restrictions but the copyright is retained by the owner and purchased or downloaded images cannot be resold. However, members can also sell their images with an EXTENDED LICENSE AGREEMENT which covers any licensing that is not Royalty-Free. This option facilitates direct contact with the image owner for further negotiations. Any subsequent sale will be outside the standard MSC sales interface.

Images sold or downloaded ROYALTY-FREE on MSC are sold without any restrictions. The seller retains the copyright privileges at all times and NO RESALE of the images is allowed. If you choose EXTENDED LICENSE AGREEMENT for your license requirements, the buyer will need to be contacted directly to complete sales negotiations via email.

When negotiations over license details are completed with the buyer, the buyer will pay the seller directly after which the seller undertakes to send the image to the buyer. Please note, sales done this way can be cumbersome. External sales will not be added to “your downloads” total as the transaction would have been done outside the MSC sales interface. Any dispute should be settled between the buyer and seller directly.

STOCK PHOTOGRAPHY LICENSES GUIDLINES

These are licensing guidelines only, and specific licensing details are dependent on your geographical region.

The photographer is typically not the publisher of the photograph, but usually licenses the photograph to someone else to publish. Liability USUALLY rests slowly with the publisher, except under special conditions.

Types of Stock Photo License

While selling stock photos, there are several types of licenses to be aware of: Royalty-free, Rights-managed, and Extended licenses. Royalty-free is the most common and affordable and less restictive, Rights-managed offers exclusivity, and Extended provides extra permissible uses.

It is also important to note that image legalities are more of a concern for the intended user of the image, and less of a concern for the seller.

1. Royalty-Free

The most popular and most affordable license type for stock photos is royalty-free (or RF). Royalty free means you can use the image multiple times, without paying a royalty. This is the best choice for budget-minded designers and marketers. The downside of royalty-free is that RF images are non-exclusive, meaning anyone can purchase and use them. Royalty-free images have the most lenient permissible uses for both commercial and personal projects. It is important to note that all images sold on MSC are sold Royalty free without restrictions but copyright is retained by owner and no resale of the image is permitted after download.

2. Rights-Managed

Select EXTENDED LICENSE during image setup to choose this option.

A rights-managed (or RM) license gives exclusive, time-limited use of a stock image. Exclusive use means that only the licensee can use the image for the period specified in the license contract. RM licenses are granted on a pay-per-use basis, meaning the stock image can only be used for one particular project, only for a set period of time and often only in certain geographical areas. Rights-managed images are expensive to license, but they offer protection against brand dilution (due to competitors using the same image) and allow for larger print runs.

3. Extended / Enhanced licenses

Select EXTENDED LICENSE during image setup to choose this option.

Some stock photo companies allow you to purchase an Extended or Enhanced license that extends the permitted uses of a previously licensed work (usually royalty-free). Extended licenses give you permission to "extend" upon the uses granted in the original license. These uses may include increasing the number of copies showing the image, using it for resale purposes (print-on-demand, calendars, t-shirts, greeting cards, etc.), or allowing for other methods of distribution and use. Uses vary from company to company, so be sure to read the licensing agreement in detail.

MODEL RELEASE

The optimum way of selling pictures of people is with a signed model release form. However, MSC DOES accept images WITHOUT model release. Read on to see why...

A model release, known in similar contexts as a liability waiver, is a legal release typically signed by the subject of a photograph, granting permission to publish the photograph in one form or another. The legal rights of the signatories in reference to the material are thereafter subject to the allowances and restrictions stated in the release, and also possibly in exchange for compensation paid to the photographed.

The question of model release is an extremely complex subject. Each country's privacy laws are different. The legal issues surrounding model releases vary by jurisdiction. Therefore, MSC accepts pictures of individuals without model releases, because MSC is not responsible for the sale of the photo. MSC is merely a showcase and sales platform. MSC does not legally endorse any photos on the site. MSC is a platform and does NOT claim any ownership or legality. It is the responsibility of the seller and the buyer to be responsible, and maintain the necessary due diligence as far as legalities are concerned.

Please ensure that you are acting within the law governing your geographical jurisdiction when selling pictures of people or property.

A model release is sometimes impossible or impractical to acquire in the field, and in rural or dynamic settings. Although the buyer takes responsibility for the intended use of the image without model release, you as the seller take responsibility for the sale of such a picture.

Showcasing images of minors without a model release is discouraged; unless it is clearly obvious that the minor is a willing participant and/or has accepted money for the taking of the picture, as is most common in most rural settings.

It is general consensus that a person voluntarily looking at or posing for the lens is a willing participant, and once you have taken that photo you are the legal copyright owner of the photo.

Generally, it is understood that members of the public have virtually no privacy rights when they are in public places. Basically, anyone can be photographed without consent, except when they have secluded themselves in places where they have a reasonable expectation of privacy such as dressing rooms, restrooms, medical facilities, or inside a private residence.

This legal standard applies regardless of the age, sex or other attributes of the individual, although extra care and consideration should be given when photographing minors.

The photographer is typically not the publisher of the photograph, but usually licenses the photograph to someone else to publish. Liability USUALLY rests solely with the publisher, except under special conditions.

MODEL RELEASE

Model releases are only typically required for photographs that are to be used for commercial purposes. For editorial or artistic purposes, they have no relevance, unless you intend on defaming the subject and need them to sign a contractual agreement not to sue you for libel. If you intend selling the image for marketing or advertising use that implies endorsement by the subject, then yes, you do need a model release (or rather, the advertiser does).

Privacy issues are complex and vary depending on geographical region. It is generally understood that:

Photographing private property from within the public domain is legal, with the exception of an area that is generally regarded as private, such as a bedroom, bathroom, or hotel room. In some states and countries, there is no definition of "private", in which case there is a general expectation of privacy. Should the subjects not attempt to conceal their private affairs, their actions immediately become public to a photographer using an average lens or video camera.

Payment Pledge

It is recommended by MSC, as an act of good faith and community spirit, that should you be showcasing an image of an individual without a model release – you agree to the PAYMENT PLEDGE during your license setup for that image. This undertaking stipulates, that should a concern be raised by the individual in your image, the concern will be addressed, and if necessary, you will remove the image. You also undertake to share with the individual a fair proportion of any proceeds made from the image on the MSC website.