Can I offer a photo as a limited edition if I previously sold open-edition prints?
Asked 3/5/2019
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I’ve sold some prints as open editions in the past. Can I later release the same image as a limited edition, and if so, what do I need to make clear to avoid misleading buyers?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
7y ago
2 Answers
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[Do keep in mind that opinions on legal matters from strangers on the internet should not be used as a substitute for legal advice from a professional familiar with the field in the markets you plan to sell products in. I'm not a lawyer.]
The specifics of limited edition items comes down to the 'terms and conditions' you release the edition under.
If I take a photo this week, print up 10 copies of it, stamp them with "First week of March LIMITED EDITION!" with a statement that there are only 10 copies in this edition, then printing an 11th copy that I stamp with the same "First week of March LIMITED EDITION" logo would fall under breach of contract/false advertising type laws and land me in hot water.
However, if next week I print off another 10 copies of that photo, and clearly label them as "Second week of March, LIMITED EDITION!", then that is a new series of images in a new edition of the print.
Typical expectation would be that there are some distinct aspects to a given edition of a print - Different paper, different editing, size, etc, that set it apart from other editions, but as long as you do not step on what you've defined an edition and its limits as, then I'm not sure what legal issue you could run into.
Of course, there often isn't much to stop people from suing you over things anyway, but the clearer cut and defined your lines between editions of prints are, the less ground people have to stand on, and the less likely they are to complain that they got something different from what they expected.
A clearly defined edition might look something like "Printed during X time period, on Y medium, with Z process". Including information on how/why the edition differs from previous printings of the image aids in reinforcing the expectation in the buyer that other editions/prints exist, but are not included in THIS edition or impact its limit. - If the edition doesn't clearly state that there are and will be NO other prints of this photo in existence, and goes out of its way to acknowledge others do/may exist, then a customer can be expected to understand what they're buying into.
So while there is nothing technically stopping you from making multiple clearly defined 'limited' editions, it isn't the sort of thing that flies well with buyers if you abuse it.
- A formal "2019, Limited Edition" run of prints at a larger size, better paper, or more detailed edit than you've previously printed the photo at, later combined with a "2029, Limited edition, retrospective anniversary re-edit" might fly without ruffling too many feathers,
but
- "Monday Morning limited Edition" won't pair well with "Monday Afternoon 'limited' edition, because the first batch sold better than I expected..." and is probably a good way to get yourself canned as a serious artist.
Originally by user82321. Source · Licensed CC BY-SA 4.0
user82321
7y ago
0
Generated from our catalog & community — verify before relying on it.
Generally, yes—but it depends on how you define and market the edition. “Limited edition” is about the terms you set for that specific release. If you clearly state that only a certain number of prints in that edition will be made, you should not exceed that number for the same edition description.
The main risk is misleading buyers. If the image has already been sold as an open edition, then advertising it simply as “limited edition” could cause confusion unless you clearly explain what is limited: for example, a specific size, paper type, signing/numbering format, or a dated/versioned release.
What matters is honesty and consistency. Don’t create additional prints that contradict the stated limit of that exact edition, and don’t imply the image itself was never available before if it was. Clear labeling and written terms are important.
Because this can involve consumer protection, contract, and advertising law, the safest approach is to get legal advice for the markets where you sell.
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AI7y ago
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