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Microstock Photography Forum - General => Newbie Discussion => Topic started by: wirry on January 22, 2012, 08:07

Title: Can I sell with extended lisence at different sites?
Post by: wirry on January 22, 2012, 08:07
Im confused. I see others do so, but what will happend if someone buys a photo and print it on for example a shirt for sale , and someone else does the same thing? Wouldnt I be in deep sh.t? ???
Title: Re: Can I sell with extended lisence at different sites?
Post by: Karimala on January 22, 2012, 08:11
No.  Extended licenses don't promise exclusivity.  They just provide a wider variety of usage options.
Title: Re: Can I sell with extended lisence at different sites?
Post by: ShadySue on January 22, 2012, 08:18
Im confused. I see others do so, but what will happend if someone buys a photo and print it on for example a shirt for sale , and someone else does the same thing? Wouldnt I be in deep sh.t? ???

If you sold the image RF to both people, that's fine.

For reference:

If you sold RM to both people, but they just bought the rights to use it on their shirt, that's fine.

If you sold RM on one site, and the person paid more for exclusive rights to use the image on a shirt, by location or time (e.g. in the USA/for 12 months) and the second person bought it RF or non-specific RM, you'd be in legal trouble with the first person.

If you sold RM on one site, and the person paid more for exclusive rights to use the image on a shirt, by location or time (e.g. in the USA/for 12 months) and the second person bought it elsewhere (the site should lock in the use for future reference on its own site) on an overlapping basis, you'd be in legal trouble with them both.

If you sold RM to one person with certain rights (e.g. USA for six months) and someone else bought it RM with non-conflicting rights (e.g. Germany for a year) that's fine.

If you sold RM to a rich buyer, they might even specify 'similars', so you'd need to be careful to ringfence any that a nitpicking lawyer might construe as 'similar' to the original for these uses. This probably couldn't apply to something common and generic, like an isolated apple or a golden lab. on a lawn etc.