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ethics on image sales
Jun 11, 2022 12:54:25 #
After selling an image to an editor for use with an article I have written, where do I draw the line and not sell a very similar image to another editor? What about "burst" images where the adjoining image is almost identical? Technically, I am not reselling the same image (editors really frown on that). Example: I shot a dozen pics of wild turkeys in full strut. I have culled six of them. These have small differences, but share location, lighting, background, one maybe one has his head turned slightly, etc. If I sell one of the six "good" ones left, at what point do the final five become salable again? (if ever) Thanks.
Jun 11, 2022 13:05:31 #
It sounds like it's your own credibility that you're playing games with. How much of a chance is there that one of your customers will find any of the nearly-same images? It seems to me that you risk falling out of favour with them, regardless of what the ethics are.
Jun 11, 2022 14:45:38 #
countrycameraman.com wrote:
After selling an image to an editor for use with a... (show quote)
What was your agreement with the editor you sold the first photo to? If it was for exclusive usage, then selling another very similar photo to someone else could be problematic. If the first editor didn't pay for exclusive usage, then it's not unethical to sell it again.
Jun 11, 2022 14:52:10 #
countrycameraman.com wrote:
After selling an image to an editor for use with a... (show quote)
You can bet that an editor that frowns on selling the same image will frown on selling similar images. That is the ethical question, and you should know where that lands.
If you are selling exclusive rights to a picture, and you are taking substantially similar pictures, then the exclusivity conditions of your agreement should address this. If they don't, and you do sell similar pictures to others, you might find yourself blacklisted or sued.
Don't do it is usually the best advice.
Jun 11, 2022 15:04:48 #
zug55
Loc: Naivasha, Kenya, and Austin, Texas
I think that the answer depends a lot on the fine print of the agreement or contract you have with the editor or with the publication. Generally, what they are interested in is the unlimited use of your image in print, online version, and promotional materials. If that is the case, you should not have problems with using similar images for different purposes.
If your editor acquired the exclusive use of your image for purposes of branding or if owning that image is important for their business operations, they may be not be happy with you using very similar images. So check the language of the contract, and when in doubt check back with the editor.
If your editor acquired the exclusive use of your image for purposes of branding or if owning that image is important for their business operations, they may be not be happy with you using very similar images. So check the language of the contract, and when in doubt check back with the editor.
Jun 11, 2022 17:05:16 #
JohnSwanda wrote:
What was your agreement with the editor you sold the first photo to? If it was for exclusive usage, then selling another very similar photo to someone else could be problematic. If the first editor didn't pay for exclusive usage, then it's not unethical to sell it again.
Jun 12, 2022 07:50:06 #
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Jun 12, 2022 08:22:15 #
jbk224
Loc: Long Island, NY
Your customers need to trust you. Trying to parse your agreement with one in order to convince yourself that it will be ok to sell the 'variation' to another will only create future problems. Is it worth losing a client and the exponential fallout regarding your credibility?
Jun 12, 2022 08:43:30 #
R.G. wrote:
It sounds like it's your own credibility that you're playing games with. How much of a chance is there that one of your customers will find any of the nearly-same images? It seems to me that you risk falling out of favour with them, regardless of what the ethics are.
Jun 12, 2022 08:47:53 #
Regarding "exclusive use"...
Multiple similar original photos (same basic subject), slightly different compositions? Exposures?
How about one original and slightly different edited crops for additional images?
What would be the difference there? Similar situation.
It depends on interpretation....
How technical can one get?
Take three shots of the same view, image numbers 2543, 2544, 2545, maybe different exposure?
If someone buys number 2544, would that mean that 2543 and 2545 are still sellable?
After all, the person only bought #2544.......
Semantics? Scruples?
Multiple similar original photos (same basic subject), slightly different compositions? Exposures?
How about one original and slightly different edited crops for additional images?
What would be the difference there? Similar situation.
It depends on interpretation....
How technical can one get?
Take three shots of the same view, image numbers 2543, 2544, 2545, maybe different exposure?
If someone buys number 2544, would that mean that 2543 and 2545 are still sellable?
After all, the person only bought #2544.......
Semantics? Scruples?
Jun 12, 2022 09:13:52 #
I think a publication photo editor should be familiar with the idea of exclusive usage, and that if he wants it, it has to be negotiated and paid for, and if not, there should be no ethical issue with the photographer selling even the same image to someone else. I often see the same news photo in more than one newspaper, so I guess none of them wanted to pay for exclusive usage.
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Jun 12, 2022 09:48:47 #
Longshadow wrote:
Regarding "exclusive use"... br Multiple... (show quote)
If you take them shots at something like 20fps the difference would be very small if any.
Jun 12, 2022 09:50:26 #
Buck why are you seeking legal guidance on a hobbyist portal that is has only a limited number of commercial photographers at best?
Since you just "joined" UHH (Registration date: May 26, 2022) I would suggest you invest a little more time on this portal prior to posting.
My thoughts? Please consider attaching a copy of the "Photographer Content Release Form" in question a.k.a. Assignment of Rights. This is likely germane to the legal guidance you are seeking
Compliments on your commercial web portal... https://countrycameraman.com/
Wordpress web temples are always nicely done... https://wordpress.org/
Though your web host (Gallery Web Host) https://gallerywebhost.com/ is pretty cost effective albeit not what I consider an outstanding provider. Maybe shop around and pay a tad more for a High End portal.
Hope this helps... All the best on your journey Buck and a very warm welcome to the UHH.
Since you just "joined" UHH (Registration date: May 26, 2022) I would suggest you invest a little more time on this portal prior to posting.
My thoughts? Please consider attaching a copy of the "Photographer Content Release Form" in question a.k.a. Assignment of Rights. This is likely germane to the legal guidance you are seeking
Compliments on your commercial web portal... https://countrycameraman.com/
Wordpress web temples are always nicely done... https://wordpress.org/
Though your web host (Gallery Web Host) https://gallerywebhost.com/ is pretty cost effective albeit not what I consider an outstanding provider. Maybe shop around and pay a tad more for a High End portal.
Hope this helps... All the best on your journey Buck and a very warm welcome to the UHH.
Jun 12, 2022 09:53:11 #
countrycameraman.com wrote:
After selling an image to an editor for use with a... (show quote)
If you culled and only kept the VERY BEST photo from the group, there would be no problem. And you'd save storage space.
If you sell an image (exclusive) from a burst, I would immediately delete the rest.
Since you keep them all, it creates the problem your speaking of. I would not sell any similar image, as it could cause problems.
Jun 12, 2022 10:02:41 #
BebuLamar wrote:
If you take them shots at something like 20fps the difference would be very small if any.
But, are they "different shots" because the filename is different?????
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