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Microstock Photography Forum - General => General Stock Discussion => Topic started by: Carmel12 on June 06, 2018, 12:13

Title: Sell the Rights
Post by: Carmel12 on June 06, 2018, 12:13

Hi
A friend of mine wants to buy the rights to one of my photos.  I am on several stock sites but the one he wants to buy is not on any of the sites, but the photo is similar.  For example, if I have several images of Cabo San Lucas, and the one he wants is of the same place, same location, but not exact, am I violating any agreements with the agencies (assuming most contracts are the same).

Any suggestions,
Thanks,
Trish

Title: Re: Sell the Rights
Post by: ShadySue on June 06, 2018, 12:31

Quote from: Carmel12 on June 06, 2018, 12:13

Hi
A friend of mine wants to buy the rights to one of my photos.  I am on several stock sites but the one he wants to buy is not on any of the sites, but the photo is similar.  For example, if I have several images of Cabo San Lucas, and the one he wants is of the same place, same location, but not exact, am I violating any agreements with the agencies (assuming most contracts are the same).

Any suggestions,
Thanks,
Trish

I don't think so in general.
Make sure that your friend signs off on knowing that there are similars/sisters still for sale - maybe even write it into the contract. Friends can sometimes become litigants.

Title: Re: Sell the Rights
Post by: Carmel12 on June 06, 2018, 12:42

Good advice on adding that to the contract, even though I have been very open about it.  I have submitted this question to one of the stock sites to get their take on it. 

Thank you,
Trish

Title: Re: Sell the Rights
Post by: Noedelhap on June 06, 2018, 12:44

The agencies technically have nothing to do with the agreement between you and your friend regarding this specific image. But Shady Sue is right, make sure the contract explicitly states that similars are still for sale and that it doesn't change anything about their royalty-free status.

Title: Re: Sell the Rights
Post by: Carmel12 on June 06, 2018, 12:56

Excellent point, thanks.

Title: Re: Sell the Rights
Post by: Sean Locke Photography on June 06, 2018, 13:22

Quote from: Carmel12 on June 06, 2018, 12:13

Hi
A friend of mine wants to buy the rights to one of my photos.  I am on several stock sites but the one he wants to buy is not on any of the sites, but the photo is similar.  For example, if I have several images of Cabo San Lucas, and the one he wants is of the same place, same location, but not exact, am I violating any agreements with the agencies (assuming most contracts are the same).

Any suggestions,
Thanks,
Trish

If you're not promising exclusivity, this has nothing to do with your other photos.