Photography Grab your camera and video equipment and head on inside!

Thread Tools
Old 11-27-2012, 08:51 PM   #1 (permalink)
OnTarget Photography
jtusa181's Avatar
Join Date: Feb 2010
Location: FL

Quick legal question

If someone purchases a photo from you for commercial use, does that give them the right to edit it how they want it without the okay from the photographer? I believe it does but my friend thinks not, so just want to see if im right
jtusa181 is offline   Reply With Quote
Old 11-27-2012, 09:06 PM   #2 (permalink)
MCB Member
p8ntninja's Avatar
Join Date: Dec 2010
Location: Originally SoCal, currently Midway Utah

This is kind of a trick question. It all comes down to how the copyright was released. If the seller authorizes changes and reprints to be made from the original then the buyer can modify it however they please. From my experience the buyer of the photo is only purchasing the reproduction portion of the copyright and CAN NOT use it for commercial purposes. (I work in a photolab at a large brick and mortar retailer and deal with copyright laws on a daily basis).
My Feedback (still growing!!)

Originally Posted by lmartin View Post
i think you will be fine. Fed Ex was always good to me until my wifes dog bit the driver. they usually don't avoid you unless they have a reason.
p8ntninja is offline   Reply With Quote
Old 11-27-2012, 09:10 PM   #3 (permalink)
OnTarget Photography
jtusa181's Avatar
Join Date: Feb 2010
Location: FL

More details- It is a picture of a women (already looked into those laws and im within them) and that women bought the picture of her. On my website I have the option to purchase it as a "Commercial" download. She purchased the commercial download, edited it, and posted it to facebook. So maybe that will be more helpful
jtusa181 is offline   Reply With Quote
Old 11-27-2012, 09:25 PM   #4 (permalink)
Post Whore
Join Date: Feb 2011
Location: PEI, Canada

You need to remember that there is a difference between selling the copyright to something, and selling a license to that copyrighted material.

If you up and up sell the copyright, that means you are giving them all rights to do with as they please, and unless otherwise stated you will have no control of any kind after that point.

A license however, is an agreement that lists out what they can do with a copy of that which you hold the copyright to. So, what does your license say?
Originally Posted by Lrrpie-CT View Post
I destroy drives for clients all the time. Sometimes, intentionally.
Luckless is offline   Reply With Quote
Old 11-27-2012, 09:26 PM   #5 (permalink)
Legal Eagle
Falcon16's Avatar
Join Date: Dec 2007
Location: St. Catharines Ontario Canada
Send a message via MSN to Falcon16 Send a message via Skype™ to Falcon16

Brass and Wood Fan
I'd imagine if it's bought for commercial use that it may give you some editing rights too and the fact that's it's her own likeness may give her even more rights regardless of who took the picture.

Feedback +38/-0
Click here to email me
My youtube channel
Click here to pay me via Paypal

Originally Posted by ApoC_101 View Post
Pump paintball is cheaper than any drug habit I've ever heard of.
Falcon16 is offline   Reply With Quote
Old 01-20-2013, 12:46 PM   #6 (permalink)
Keep Calm & Kick ***
Join Date: Mar 2008
Location: Cincinnati, OH

Kilt Club
She doesn't or didn't need to purchase a commercial license for editing a photo and posting it on Facebook, that would be included in a personal license. A commercial license grants the licensee the right to use that image for advertising or to in-turn re-sell it. If you don't understand that turn the option off now before you sell an image you didn't get full rights for and it ends up being used in a manor you didn't wish or the person you took a picture of ends up being put in a very unflattering position. It's unlikely but if something like that were to happen you'd loose your shirt, pants and everything you like to call yours.

The difference between personal and commercial licensing is a very thick, very red line that you need to be very aware of if you're going to be offering images for commercial use. You need a very REAL model release signed, dated by the both of you and that includes anyone in the image or anything representing a person, personhood, unique identity or brand. The commercial sale option on most sites are there for use for commercial photographers that already have agreements with the licensee and isn't intended to be used for Janie's and John's portraits.
Reflex Photography
Giving more tools to the field owners and players.
If you want Execlusive Treatment, we're available
Keep Calm & Kick A**
Steed is offline   Reply With Quote
Reply » General » Off-Topic » Photography

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

Forum Jump

All times are GMT -4. The time now is 10:06 PM.

Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2018, vBulletin Solutions, Inc.
Search Engine Optimization by vBSEO
© MCB Network LLC