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Q: "RESALE" IS NOT PERMITTED. WHAT CONSTITUTES RESALE?

A: The underlying concept is this: WE are in the business of selling images. That's what we do and that's all we do. Any use by you of our images that would effectively put YOU in the business of selling our images to others is prohibited, since we want them to purchase those rights from US. That means you cannot resell or transfer these rights to anyone else.

You will find this prohibition in virtually every photo agency license you ever see, for obvious reasons. For an explanation of how and why these restrictions arose, and for some "guiding principles" as you try and determine if a use you have in mind is likely to be permitted, please see our section on transferring rights.

To the extent that confusion arises, it flows from scenarios where our images form part of what you are selling. But, from our point of view, if part of the "value" your customers perceive in what they are buying from you is that they can purchase the use of the images from you instead of from us-- that is "resale" and it is prohibited.

Example:
Suppose you are creating a calendar to promote your company and want to use our images. Fine. That's what we're here for.

But suppose, instead, that you are a printer creating calendar "blanks" that will then be sold in odd lots to customers who can put their own logo on the calendar and distribute it as promotional material to their clients. Prohibited (unless you get a template license). You are, in essence, selling them the use of our images. (The same prohibition would apply to templated brochures, postcards, websites or anything else...)

It's actually not that complicated, and common sense can and should prevail: WE are in the business of being paid for the value of our images. If the project you have in mind puts YOU into that business, even partially, it's "resale" and it's prohibited.

For more information on how to anticipate whether a use you have in mind is likely to be allowed-- or not allowed-- under our licensing agreements, click here.

 


© 2008 Jupiterimages Corporation

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