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Multiple photos and selling one photo?

Tintype_18
Authority
Authority

Here's my dilemma: I tend to take multiple photos of a subject as birds, flowers, landscape, etc., which are duplicates. I'm anticipating selling photos to some publications. If I submit a photo that is accepted and covered by the buyer's rights, what do I do with the duplicates? Delete them? Thanks.

John
Canon EOS T7; EF-S 18-55mm IS; EF 28-135mm IS; EF 75-300mm; Sigma 150-600mm DG
1 ACCEPTED SOLUTION

kvbarkley
VIP
VIP

"duplicate" is doing a lot of heavy lifting here. An image taken a few milliseconds after another is not a "duplicate". A working copy of the .psd with incomplete edits would be considered a duplicate.

(Note that "duplicate copy" is redundant.)

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7 REPLIES 7

shadowsports
Legend
Legend

Wait, putting on my attorney hat...  

Unless stipulated, as long as you don't publish, re-sell, post or release the duplicates you can keep them.  You are only compelled to delete if that's part of the agreement.  However I would expect to hear from the purchasing entities legal counsel if you attempted to profit or take credit for images once the rights to them was sold or transferred. 

If in doubt you should seek legal advice from a licensed attorney who understands copyright and DRM.  

~Rick
Bay Area - CA


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kvbarkley
VIP
VIP

I am assuming that is a freelance submission, i.e., they are not paying you to go out and get a particular image.

I would say that the duplicate is a totally separate work and yours to do with what you wish. They are purchasing rights to *one* image, and the others are *not* the same image.

Of course, they are free to stipulate something else in the contract, and you are free to accept or not.

Tintype_18
Authority
Authority

Many thanks. One "way" might be to take several photos with each one slightly different and not duplicate the one pose or scene. I remembered a fellow freelancer and will contact him. Have submitted photos and articles to him so he is familiar with my "methods."

John
Canon EOS T7; EF-S 18-55mm IS; EF 28-135mm IS; EF 75-300mm; Sigma 150-600mm DG

Tintype_18
Authority
Authority

I heard from an experienced freelancer who gave some information. He said a lot would depend on the publisher. It could be that the one photo would be covered under their rights clause and only be for that one photo. Other duplicates would be fair game for me. OTOH, some publishers would specify that the submitted photo be under their rights clause and the duplicate copies be deleted to prevent use elsewhere. He also suggested checking with an attorney who is familiar with this subject. Have no idea who would fit that area around here.

John
Canon EOS T7; EF-S 18-55mm IS; EF 28-135mm IS; EF 75-300mm; Sigma 150-600mm DG

kvbarkley
VIP
VIP

"duplicate" is doing a lot of heavy lifting here. An image taken a few milliseconds after another is not a "duplicate". A working copy of the .psd with incomplete edits would be considered a duplicate.

(Note that "duplicate copy" is redundant.)

There you go, using big words. Thanks for the note.

John
Canon EOS T7; EF-S 18-55mm IS; EF 28-135mm IS; EF 75-300mm; Sigma 150-600mm DG

Tintype_18
Authority
Authority

Again, many thanks to the community for their replies and suggestions.

John
Canon EOS T7; EF-S 18-55mm IS; EF 28-135mm IS; EF 75-300mm; Sigma 150-600mm DG
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