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Michelle Lee

sold Photos Exclusive. Need help to clarify please?

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Hi, I'm completely new to selling stock photos and really need help to find information on the specifics!

 

I recently sold my first set of images as stock. The purchaser/blogger wanted them to be exclusive instead of semi-exclusive. The images were of a craft item I had made myself. I've been told by a couple of people that I can NOT make that craft item again and take new images to sell because I already sold them exclusively..... BUT, what if I create NEW images of the craft item, in different colours? Is this allowed?

 

After all, I am selling the licencing to use my images not the craft item, correct?

So new images with the craft item a different colour would not be the same as the images previously licenced - Maybe similar to someone licencing a photo of a red shoe, then the photographer takes another image of a blue shoe and can then licence the blue shoe separately since it is a new photo and although it is a shoe, it is a different image and colour to the red shoe image...?  😅

 

 

 

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Posted (edited)

Nonsense. They've licensed the image for whatever purpose you agreed between you., not the rights to all similar designs, which you own because you made it. So you own the copyright and any relevant design right, if registered, and probably even if not.

It would be very unusual for an image licence to include anything like the terms you mention. I wonder if the buyer has misinterpreted "exclusive"? It means merely that you can't license that particular image for the same purpose for the term agreed and they are usually very narrow. Nothing to do with any other image, or even the object depicted.

This is a forum for Alamy contributors- are you submitting images here?

Edited by spacecadet
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9 hours ago, spacecadet said:

Nonsense. They've licensed the image for whatever purpose you agreed between you., not the rights to all similar designs, which you own because you made it. So you own the copyright and any relevant design right, if registered, and probably even if not.

It would be very unusual for an image licence to include anything like the terms you mention. I wonder if the buyer has misinterpreted "exclusive"? It means merely that you can't license that particular image for the same purpose for the term agreed and they are usually very narrow. Nothing to do with any other image, or even the object depicted.

This is a forum for Alamy contributors- are you submitting images here?

Thankyou so much for your reply! That is exactly what I thought, so glad to hear it! You don't happen to know where I can find any specifics on this written out so I can refer them to it so they understand I am not doing the wrong thing?

 

Yes, I have just signed up and need to decide which images to upload first for the QC check! 😀

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You need to refer to the terms on which you licensed the images. I don't know where you are, but in the UK, if there's no written agreement, the courts would say that the licence was very narrow. It certainly wouldn't extend to a monopoly over the design depicted.

Even if your buyer bought the item he wouldn't have any rights in its design.

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10 hours ago, Michelle Lee said:

Thankyou so much for your reply! That is exactly what I thought, so glad to hear it! You don't happen to know where I can find any specifics on this written out so I can refer them to it so they understand I am not doing the wrong thing?

 

Yes, I have just signed up and need to decide which images to upload first for the QC check! 😀

 

the best source would be the contract you made with them.  What did you agreed to?

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