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Author Topic: Selling someone else's vintage images  (Read 3417 times)

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« Reply #25 on: January 04, 2017, 06:10 »
0
you said: "but their livery will be trademarked or copyright."

trademarks are for words and short phrases and logos that identify the source of a product or service. a train cannot be trademarked.

copyrights are for creative works, such as books, art, music, etc. they do not protect anything whose pruimary purpose is functionality.

the livery will not be trademarked or copyrighted.


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« Reply #26 on: January 04, 2017, 07:21 »
0
What about Kikkoman soy sauce bottles? The bottle itself, not whatever is on it.

« Reply #27 on: January 04, 2017, 08:00 »
+1

It's not as simple as "these are the rules"


Many companies are protective of their recognisable designs and packaging whatever the rules say.


Being "in the right" doesn't stop you getting sued. The rules might be a defence, which may or may not work.



And remember, that whatever you may think of individual agencies, they have vast experience of what will give problems and what won't.


I've always been happy to have anything refused that could be a problem in this way.




« Reply #28 on: January 05, 2017, 10:47 »
0
If he won't sign a release I wouldn't even think about it, move on.  You risk getting sued and having your account closed.

Who is likely to sue me?  I have permission to use the images, they're available for editorial use only and I explained the nature and source of the images very clearly to the agency.

I'm not trying to be awkward, this is an area that I'm not particularly knowledgeable in so would like to know if there's something else I should be aware of.

ShadySue

  • There is a crack in everything
« Reply #29 on: January 05, 2017, 10:59 »
+1
If he won't sign a release I wouldn't even think about it, move on.  You risk getting sued and having your account closed.

Who is likely to sue me?  I have permission to use the images, they're available for editorial use only and I explained the nature and source of the images very clearly to the agency.

I'm not trying to be awkward, this is an area that I'm not particularly knowledgeable in so would like to know if there's something else I should be aware of.

Without anything in writing, and in a tight legal form, from the copyright owner, anything could happen down the line. Family feuds can be the worst, and in-laws can too easily become outlaws.

« Reply #30 on: January 05, 2017, 11:49 »
0
If he won't sign a release I wouldn't even think about it, move on.  You risk getting sued and having your account closed.

Who is likely to sue me?  I have permission to use the images, they're available for editorial use only and I explained the nature and source of the images very clearly to the agency.

I'm not trying to be awkward, this is an area that I'm not particularly knowledgeable in so would like to know if there's something else I should be aware of.
If you have permission why would they be opposed to signing a document saying you have permission?

« Reply #31 on: January 05, 2017, 13:53 »
0
If you have permission why would they be opposed to signing a document saying you have permission?

He didn't like the wording of the SS property release.  I didn't quite understand why but I know he won't sign it.

« Reply #32 on: January 05, 2017, 13:55 »
0
Without anything in writing, and in a tight legal form, from the copyright owner, anything could happen down the line. Family feuds can be the worst, and in-laws can too easily become outlaws.

I'm confident that won't happen, if it does I'll let you know!

ShadySue

  • There is a crack in everything
« Reply #33 on: January 05, 2017, 13:56 »
0
If you have permission why would they be opposed to signing a document saying you have permission?

He didn't like the wording of the SS property release.  I didn't quite understand why but I know he won't sign it.
His call.
Don't even think of uploading to SS.

Does he like any of the other releases? If not, don't submit. You have no legally-binding evidence of permission.

« Reply #34 on: January 05, 2017, 14:07 »
+3
If you have permission why would they be opposed to signing a document saying you have permission?

He didn't like the wording of the SS property release.  I didn't quite understand why but I know he won't sign it.
Sounds a lot like he doesn't want to give you the necessary permissions. 

If your question is:  "Can I do whatever I want and hope Shutterstock never finds out?"  then no can stop you but you will open yourself up to being sued and having your account terminated.  If your question is:  "What should I do if I want to sell someone else's images?" then the answer is get him to sign a release or transfer the copyright to you.
« Last Edit: January 05, 2017, 22:03 by tickstock »

« Reply #35 on: January 05, 2017, 15:59 »
+1

If you have permission why would they be opposed to signing a document saying you have permission?


He didn't like the wording of the SS property release.  I didn't quite understand why but I know he won't sign it.

Sounds a lot like he doesn't want to give you the necessary permissions. 

If you question is:  "Can I do whatever I want and hope Shutterstock never finds out?"  then no can stop you but you will open yourself up to being sued and having your account terminated.  If your question is:  "What should I do if I want to sell someone else's images?" then the answer is get him to sign a release or transfer the copyright to you.
That says it all. No release, no sale. I certainly wouldn't do it without.


« Reply #36 on: January 05, 2017, 16:55 »
+2
I would strongly suggest that you don't attempt to license these images anywhere without a signed property release (and your father in law could sign just one and you could attach the different visual references.

You could see if the Getty property release was any more OK with him (and that could easily be modified to be your own universal release that any of the agencies will accept; that's what I do).

You have a couple of possible outcomes with sales - little to no interest, or the images sell really well. If they don't sell much, then it's a massive investment of your time for no return. If they sell really well, you increase the likelihood of future legal trouble (directly in proportion to the amount of money made).

Also, I don't mean to be morbid, but whoever is your father in law's legal heir will own the copyright in the future and without a release (and with good sales) you have to consider their attitude, especially as it's a he said/she said situation with respect to permission.

Licensing other people's work and holding it out to the agency as your own (look at the artist supply agreements and you'll see they generally include the terms you agree to with every upload) will get your account closed, which puts all your other income at risk.

Just say no :)

« Reply #37 on: January 09, 2017, 12:38 »
0
I appreciate everyone taking the time to contribute, thank you.

I think I already mentioned earlier that I've given up on the idea of submitting to SS and the other agencies I'm already with and have created an account with Alamy with the intention of submitting them there exclusively.  I discussed the nature and origin of the images with them and they're are happy for me to upload them to the site.  It appears I can add additional information the files which is ignored by searches etc. so I may use that the credit him as the original photographer.

My father-in-law will be visiting soon, I shall discuss this with him and sort out something in writing just to cover myself if required.

Now hopefully there's a market for vintage images UK public transport!


 

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