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Commisioned photo to sell on adobe stock

New Here ,
Sep 08, 2021 Sep 08, 2021

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I did photoshoot several years ago for a client.
It was photoshoot for a product.
Fabric with traditionally printed on it. 

can i sell the photo's on adobe stock since it was commisioned photo's?

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correct answers 2 Correct answers

Adobe Community Professional , Sep 08, 2021 Sep 08, 2021
Basically, it depends on the agreement / licensing between you and your customer. But there is copyright, trademark law and design protection and much more to consider. I would hire a lawyer if it was even financially worthwhile.

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Adobe Community Professional , Sep 08, 2021 Sep 08, 2021
Basically you are asking us to give you a yes or no answer on something where we are missing all the details except that you did some commissioned work. (c) is a complex issue. Contracts may make it even more complex.  I personnally would not upload the assets somewhere for any use, if I would not have an analyzes of my contractual situation. I would refer this also to Marianne's first answer: https://community.adobe.com/t5/stock-contributors-discussions/commisioned-photo-to-sell-on-adobe-stock/m-p/12369626#M34788...

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Adobe Community Professional ,
Sep 08, 2021 Sep 08, 2021

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Basically, it depends on the agreement / licensing between you and your customer. But there is copyright, trademark law and design protection and much more to consider. I would hire a lawyer if it was even financially worthwhile.

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New Here ,
Sep 08, 2021 Sep 08, 2021

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What if i upload it as an editorial images on aother microstock agencies?

 

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Adobe Community Professional ,
Sep 08, 2021 Sep 08, 2021

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Sorry, I can't comment on that.

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Adobe Community Professional ,
Sep 08, 2021 Sep 08, 2021

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Basically you are asking us to give you a yes or no answer on something where we are missing all the details except that you did some commissioned work. (c) is a complex issue. Contracts may make it even more complex. 

 

I personnally would not upload the assets somewhere for any use, if I would not have an analyzes of my contractual situation. I would refer this also to Marianne's first answer: https://community.adobe.com/t5/stock-contributors-discussions/commisioned-photo-to-sell-on-adobe-sto...

 

You can use commissioned work, if you own the rights and there are no other issues. I have, for example, some commissioned work, where I own the (c), the customer has a licence to use the assets, but still, I can't use them for other means because of other restrictions in the contract/authorization. One is that the customer and the product owner need both giving their authorization prior to publication. This makes the assets unusable for any stock usage.

ABAMBO | Hard- and Software Engineer | Photographer

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New Here ,
Sep 08, 2021 Sep 08, 2021

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Thankyou so much for your response. It means a lot. 
Actually it was no specific contract or any agreement regarding copyright issue betwen me and my client about  the final photo of the product. 

Thankyou so much. 

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Adobe Community Professional ,
Sep 08, 2021 Sep 08, 2021

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I am not a legal expert,  I am a business owner. 

 

If you retained ownership of the image rights, you can do whatever you wish with it.  If you didn't retain ownership rights, your client could take action.  In most places, a "handshake agreement" isn't worth the paper it's printed on if you get my meaning. 😉  

 

 

 

Nancy O'Shea, Adobe Product User & Community Professional
Alt-Web Design & Publishing ~ Web : Print : Graphics : Media

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Adobe Community Professional ,
Sep 08, 2021 Sep 08, 2021

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With handshakes you have a moral obligation, but legally it will be difficult to prove. But neverless, even handshakes are legally binding agreements... In the case of legal arguments it's always a problem to prove. That's why French law has a provision that contracts above a certain value need to be fixed in written. In America, where case law dominates, it's probably more complicated.

ABAMBO | Hard- and Software Engineer | Photographer

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Adobe Community Professional ,
Sep 08, 2021 Sep 08, 2021

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Well, normally the creator owns all the right to a work, even if he gets paid for doing it. Other rights need to be part of a contract. That's why I ask creators to sign a (c) release, so that the work is not usable for the original creator. However, even without a contract, you may have produced derived work, where (c) is owned by more than one party, and each party needs to agree to a use of the work.

ABAMBO | Hard- and Software Engineer | Photographer

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