editiorial

I am wondering, how can I set a clip as editorial with this aditional info:

NOTE: Not released; suitable for editorial use only.

Ok, I checked some clips as editorial, but this info never appears.

Maybe I am not able to manage this and the curator is the only one who can decide for us if it is necessary or not.

Thanks for any info

Lars

This message is something the curator adds to clips which are only suitable for editorial (news and documentary) usage. Usually this means that there is a recognizable person or trademark in the shot, but no accompanying release form.

If there are clips where you think it applies, and they haven't been tagged in that way, drop the curator a note or use the https://www.pond5.com/index.php?page=contact_us to let us know.

This is a bit off topis from Lar's question... but can someone explain the whole legality thing with editorial footage? I've never submitted any... does this mean that people can film people without their consent and submit it as long as it's editorial? Does that infringe on their rights? What if someone downloads it and then uses it for something "non" editorial?... who's breaking the rules? Who's in trouble?

Thanks in advance!

Nelson

Hi!

I also checked the 'editorial' check-box for few clips. They were accepted but 'NOTE: Not released; suitable for editorial use only.' did not appear on clip page:
https://www.pond5.com/index.php?page=view_item&itemid=63485https://www.pond5.com/index.php?page=view_item&itemid=63488https://www.pond5.com/index.php?page=view_item&itemid=63489

I think the reason for this could be because the 'editorial' check box is the same format and color as all other check-boxes in 'Categories' list and easily can be missed.

I suggest to paint 'editorial' text in RED and locate somewhere in other place that everybody could see it when editing or reviewing.

Zygis

The "editorial" category is not the same as the "for editorial use only" message that the curator adds to clips. As a category, "editorial" is meant to mean anything that has news or documentary value. The "editorial use only" message is added by the curator - not by the uploader. It's meant to be a heads-up to potential buyers - repeating the fact that the clip is not released (which is already indicated in the release section of clip info).

Probably we should get rid of this confusion by renaming the "editorial" category to something like "news and documentary".
*scribbles note to self*

As far as Cardoso's question about the legalities of all this stuff, this is a tricky topic and I am not a lawyer, so please take what I say with a grain of salt. My understanding is basically, if you have a clip with someone recognizable in the shot, and there is no associated model release signed by that person, the clip can only be used for news and documentary-type purposes. So if you have a shot of a street corner cafe in Paris with recognizable people sipping coffee, but no model releases, then the shot could be used in a news program discussing the health effects of caffeine in France, but not for a television commercial for Nescafe.

For all the clips on the site, we indicate whether we have signed releases on file in the "clip info" section. The "editorial use only" message is just an extra reminder that, for clips with recognizable people / trademarks but no release, they can only be used for news or documentary purposes.

So I think that – and again, this is not offical legal info - if someone did download a clip like that (people at a cafe in Paris) and used it in a way that was illegal (as in a commercial, or defamatory usage), then they would be the ones legally responsible for doing that.

We’ll be doing some more official clarification about all this stuff soon (after talking to an actual lawyer), and adding it to the FAQ.