Commercial vs editorial use

jezgb

jezgb

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Jez
Edit My Images
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Hello,

I received an email the other day from a prestigious hotel chain checking that it was ok to use one of my Flickr images on their company's "magazine" website.

Having looked at the website I came to the conclusion that it was a commercial website - you can book rooms etc on it for instance.

So I replied thanking them for their interest in my image and for seeking this confirmation, but that my images are under a creative commons license with the "no commercial use" clause so if they wish to use my image we would have to negotiate a suitable fee.

I have just received a reply stating that the image would be for editorial use in an article on their magazine website regarding the attractions in the surrounding area of one of their hotels.

Does anyone have any thoughts on this? Where does a website stop being commercial (ie advertising and allowing the purchase of their products) and become editorial?

I'm pleased they like my image, I'm also very pleased indeed that they have sought permission rather than just using it without my knowledge. If it was a clear-cut editorial or non-profit use I wouldn't hesitate to give my permission...


Cheers,

Jez.
 
Its an image which will help promote their company/hotel so its commercial, regardless if it was editorial you should still be selling it anyway
 
It's a piece of marketing material, marketing is a commercial function of a business.

It depends how much they really like your image,or whether they're prepared to keep asking around until someone with a similar image says yes.
 
Hmm I'm not so sure, if the article is about attractions in the surrounding area, and your image is to be used to illustrate the attractions and not the hotel or its services, arguably that's editorial?

Lets face it, any editorial image in a newspaper or magazine is in there to sell the newspaper or magazine.
 
Thanks for your replies chaps. My thought was indeed that articles are put on their website solely to attract people to stay in their hotels, therefore it's commercial...
 
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