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Subject:
Can photographer's sell their images as royalty free photos
Category: Business and Money > Advertising and Marketing Asked by: ukeditor-ga List Price: $2.00 |
Posted:
14 Sep 2004 00:57 PDT
Expires: 14 Oct 2004 00:57 PDT Question ID: 400920 |
I edit an online portfolio site for photographers and illustrators. http://www.ukportfolios.com/ It is a UK based site, but I am getting artists from all over the world sign up to create their portfolios, but also wanting to sell their work in our online library. Can amateur and professional photographers from the US sell their photos as royalty free images online? If they own the copyright do they have the right to sell that image? Does it depend what is in the image- people, places, etc? Editor |
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There is no answer at this time. |
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Subject:
Re: Can photographer's sell their images as royalty free photos
From: ipfan-ga on 14 Sep 2004 07:38 PDT |
Under US copyright law, the photographer, the one who opens the shutter and exposes the film, is the owner of the copyright in the photo. The owner of the copyright is free to set whatever terms he or she wishes in terms of transfer or use of the copyright in that image. Your question, however, contemplates related intellectual property constructs, like right of publicity and trademark law. For example, if the photo contained an image of Posh and Becks, although the photographer may own the copyright and can lawfully post the image, sell it, license it, whatever, under ~copyright~ law, Posh and Becks may object under laws arising under the right of publicity doctrine. So the answer to your primary question is yes, if the photographer owns the copyright, they can indeed sell royalty-free copies online. If you are going to permit such postings, you should probably cause posters to agree to an online form that makes them affirm that they are the lawful owner of the copyright in the image(s) and that they will indemnify you against claims of copyright infringement. |
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