Selling my own photos on my own web site.

[robdon]

Hi,

Over the years, my partner and I have taken around 60000 images with our cameras.

My partner is a Digital Artist, and creates artwork and uses bits or full parts of our images to create artwork, textures etc.

I have written a web site to tag and search through all these images so its easier for her to find what she wants.

I am now thinking of making this site public, and charging a small amount ($1-$2) for downloading and using the images.

I'm not 100% sure about the legality of me selling my own photos in this way.

Since we are targeting Artists, its hard to know what they are going to use the image for. Maybe just a little cut out part of it, maybe the whole image, just for themselves, something to print and hang on the wall, or maybe even a commercial piece.

I just want to sell the images cheaply, and with little requirements, but legally.

Some photos have people in (crowds, on the street etc, but no portrait single people shots) and also some buildings like the Burj Khalifa etc from around the world. A large amount of them are nature/tree/mountain shots. They are all taken from public areas.

Is there any way I can get in legal trouble selling my images in this way?

For instance, if someone bought one of my photos with a building on it, or with someone in the shot, and they then use this photo 'badly', ie commercially or defamatory, and then the person or owner finds out.

Personally, once I've sold it, I don't care how they use the image, apart from just not re-selling it directly as is.

I'm going to make it clear on the site, that its dependant on what the Artist is going to do with the image, as to what they are allowed to do with it. I'm NOT going to mark each photo individually with commercial / editorial, as it depends on what they use it for or if only part of it is going to be used.

I realise this could make it harder for the Artist, but then again, I'm selling it quite cheap.

I know big stock companies nearly always require model/property releases, but I'm unsure if that's just to make them more 'sale-able' as they tend to sell more to commercial people, or if its required by law.

Ultimately, I think I may have to hire legal advice, but I just wondered if anyone could initially shed any light onto what I intend to do.

Thanks for any help,

Rob D.

 

[Zigner]

Sorry, this forum is for US law only.

 

[quincy]

Hi,

Over the years, my partner and I have taken around 60000 images with our cameras.

My partner is a Digital Artist, and creates artwork and uses bits or full parts of our images to create artwork, textures etc.

I have written a web site to tag and search through all these images so its easier for her to find what she wants.

I am now thinking of making this site public, and charging a small amount ($1-$2) for downloading and using the images.

I'm not 100% sure about the legality of me selling my own photos in this way.

Since we are targeting Artists, its hard to know what they are going to use the image for. Maybe just a little cut out part of it, maybe the whole image, just for themselves, something to print and hang on the wall, or maybe even a commercial piece.

I just want to sell the images cheaply, and with little requirements, but legally.

Some photos have people in (crowds, on the street etc, but no portrait single people shots) and also some buildings like the Burj Khalifa etc from around the world. A large amount of them are nature/tree/mountain shots. They are all taken from public areas.

Is there any way I can get in legal trouble selling my images in this way?

For instance, if someone bought one of my photos with a building on it, or with someone in the shot, and they then use this photo 'badly', ie commercially or defamatory, and then the person or owner finds out.

Personally, once I've sold it, I don't care how they use the image, apart from just not re-selling it directly as is.

I'm going to make it clear on the site, that its dependant on what the Artist is going to do with the image, as to what they are allowed to do with it. I'm NOT going to mark each photo individually with commercial / editorial, as it depends on what they use it for or if only part of it is going to be used.

I realise this could make it harder for the Artist, but then again, I'm selling it quite cheap.

I know big stock companies nearly always require model/property releases, but I'm unsure if that's just to make them more 'sale-able' as they tend to sell more to commercial people, or if its required by law.

Ultimately, I think I may have to hire legal advice, but I just wondered if anyone could initially shed any light onto what I intend to do.

Thanks for any help,

Rob D.

FreeAdvice handles US law questions and legal concerns only, Rob.

The laws in European countries vary in some significant ways from the laws in the US. What can potentially be involved with the sale of your photos, however, are privacy/publicity rights when using the images of people, trademark laws if trademarks are pictured, and copyright laws, if what is captured in your photos are protected by copyright (e.g., photos of scuptures, some architectural features). Defamation is a possibility but not as likely to be a concern as the other areas.

Your proposed idea to make your photos available for a licensing fee, however, is doable. You can offer non-exclusive licenses with restrictions placed on the uses. But you are correct that you will probably have to sit down with an attorney in your area to work out the various aspects of your business prior to implementing your plans.

Good luck.

 

[robdon]

Thanks for your reply,

Ok I see.

I presumed that the law would be applied with the laws of the country the photo was taken in and/or the person was from.

So, if I come over to the US for a trip, take photos that include american people in public places (just in crowds etc, not portrait), then I can come back to Europe and then I have to follow EU rules, rather than US laws?

I would have thought that if anything the US people would be able to 'do' something about me selling photos with them in them.

I thought maybe there was some kind of 'world' or at least common law that countries would follow and be applied?

Rob.

 

[quincy]

Thanks for your reply,

Ok I see.

I presumed that the law would be applied with the laws of the country the photo was taken in and/or the person was from.

So, if I come over to the US for a trip, take photos that include american people in public places (just in crowds etc, not portrait), then I can come back to Europe and then I have to follow EU rules, rather than US laws?

I would have thought that if anything the US people would be able to 'do' something about me selling photos with them in them.

I thought maybe there was some kind of 'world' or at least common law that countries would follow and be applied?

Rob.

The laws that cover photographers when taking photos will be the laws of the country where the photos are taken. If you come to the US to take photos, you cannot violate US laws to take your photos - even if the same type of photos taken in your country might be legal. For example, in the US you cannot take photos inside certain government buildings or on military sites and you cannot trespass on private property to take a photograph.

When you are thinking of submitting your photos to a publication in another country, you need to consider the laws that govern that publication, if you wish to have your photos accepted rather than rejected.

BUT, if you are sued over your photographs for any reason - for copyright infringement or trademark infringement or defamation or invasion of privacy or a violation of publicity rights - the person suing you will have to sue you in your country under your country's laws for the suit to have any effect. You cannot be forced to go to a foreign country to be sued.

 

[robdon]

Ok, great.

That clears it up a bit.

Thanks for your time.

Rob.

 

[quincy]

You're welcome, Rob. Good luck with your photo sales.