Supplying photoshopped assets to client

Explorer ,
May 02, 2019 May 02, 2019

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I work for a client who is requesting photoshopping of stock images which I purchase from my account. As I will be adapting them myself, am I within my rights to hand over these images as new files which they can use in their own presentations?

Thanks in advance!

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Adobe Community Professional ,
May 02, 2019 May 02, 2019

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louiser32014908  wrote

I work for a client who is requesting photoshopping of stock images which I purchase from my account. As I will be adapting them myself, am I within my rights to hand over these images as new files which they can use in their own presentations?

Yes. That's the essence of the stock image business. Your client needs, however, to acknowledge the license terms. And if you need the same asset for a different client you need to license again.

Excerpt from the license terms (section 3.4 Additional rights):

(a) Employer or Client Use. You may purchase a license pursuant to the Terms on behalf of your employer or client, provided that you represent and warrant that you have the authority to bind your employer or client to the Terms. You may use a Work for the benefit of one of your clients, provided that you transfer your license to your client via an enforceable written agreement that includes terms no less restrictive than the Terms. You are solely responsible and liable for use of the Work by your employer or client. You must purchase additional licenses for the same Work if you intend to use the same Work for the benefit of other clients.

If you do not want to create your own license terms for this, I would suggest, that you let your customer confirm in written that he adheres to the Adobe stock license terms: https://wwwimages2.adobe.com/content/dam/acom/en/legal/servicetou/Adobe_Stock_Additional_Terms_en_US...

As this may change over time, I would send a contract with the copy of the license terms and store the signed document, including this terms, with your contractual papers. It may be necessary at a much later stage to be able to prove that the asset has been licensed correctly. This is true for any asset (sound, video, design etc) you acquire.

Some people consider the how to and where to select the right picture as a business secret. So you would need your own terms without reference to Adobe. If you have your own terms rework them to get your terms as restrictive as the Adobe terms. If you use different providers you may merge the terms to the most restrictive terms. Eg: Stock 1 limits the run of printed items to 40k, Stock 2 to 50k, so consequently you need to limit in your terms to 40k.

Regards, Abambo
Hard- and Software Engineer and Photographer.

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Explorer ,
May 05, 2019 May 05, 2019

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Thanks so much for taking the time to reply. This is really helpful. Much appreciated!!

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