Re-license needed for extended licence with pictures in wedding guestbook

Forum|Forum|3 years ago
December 28, 2022
1 reply
767 views

Hi dear Community,

Could you please help me understand if I need to re-buy an extended license for a picture for following use case:

- I have my own business and create personalized wedding guestbooks. For every guestbook I buy Adobe Stock pictures with an extended license because I need to use them commercially since I sell my guestbook to my customer, a wedding couple getting married

- If I use a certain picture for a personalized guestbook that I sell to wedding couple X, do I need to buy the extended license again for this SAME picture if I want to use it for another personalized guestbook for wedding couple Y?

Thank you for your answer and advice.

Best regards,

Caroline

Licensing

This topic has been closed for replies.

Abambo

Community Expert

I doubt that you will need extended licences as the book is probably the incentive to buy your service and the decoration is secondary. And the print run is probably less than 500k.

However, you need one licence per customer, so you will need to relicence each time.

Look here for more information on licensing: https://community.adobe.com/t5/stock/links-for-licensing-terms/td-p/11366788
(Disclaimer: As always with licensing, this is my interpretation of the rules. I think they are correct and advice is based on reading and interpreting the licence terms and on fair use for both the buyer and the artist/stock company, but I cannot rule out that my interpretation is wrong. I'm not an Adobe employee).

ABAMBO | Hard- and Software Engineer | Photographer

C

Caroline277258567ap5Author

Participant

Hi Abambo,

thanks for your quick reply. According to my understanding, I need to acquire an extended license if I want to use the picture for a product that I plan to sell, so for commercial means. And in my case, the wedding guestbook unique selling point would be the beautiful designs that ornament the book, so the pictures from Adobe would be a key element why customers would buy my wedding guestbook. There would be a picture on the cover and then also on every single page in the inside of the book. How do you recommend me to proceed? Is it really necessary to contact a lawyer to clarify this topic for my case?

Abambo

Community Expert

Hi Abambo,

thanks for your quick reply. According to my understanding, I need to acquire an extended license if I want to use the picture for a product that I plan to sell, so for commercial means.

By @Caroline277258567ap5

Commercial or not commercial is irrelevant.

Quote from the terms for a standard licence: (2) you may not incorporate a Work into merchandise intended for sale or distribution, including on-demand products, unless (a) the Work has been modified to the extent that the new work, as incorporated into such merchandise, is not substantially similar to the Work and can qualify as an original work of authorship; or (b) the primary value of such merchandise does not lie with the Work itself;

So in your eyes, b) is relevant. That's OK with me. It's always difficult to advise on just a few words of description.

You will, however, need a new licence for each client.

And yes: it would be a wise decision to invest in an IP lawyer, except if you go for an extended licence and a relicense for each client. Because in that case, you are always good.

ABAMBO | Hard- and Software Engineer | Photographer

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