Can I sell unused images from a client shoot as stock photography?
Asked 7/21/2011
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2 answers
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I photographed a client session and have some images they chose not to use. Can I sell those images as stock photography, and are there ethical concerns I should consider?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
15y ago
2 Answers
7
Check your contract. If ambiguous, talk to the client. If uncertain, ask a lawyer (or just forget about it, as that lawyer will likely cost you more than you'd ever get from selling the shots).
That's the most definite advise you can ever get here, as we haven't seen you contract, don't know the law where you live, where the client lives, and where the shots were taken (all of which might be of influence), and we wouldn't want to become legally liable if we told you something that made you do something in breach of the law or your contracts.
Originally by user4000. Source · Licensed CC BY-SA 4.0
user4000
15y ago
0
Generated from our catalog & community — verify before relying on it.
Maybe, but it depends mainly on your contract and permissions. Start by reviewing the agreement with your client. If it does not clearly allow you to reuse or sell the images, you should ask the client directly before doing anything.
If the client is recognizable in the photos, stock agencies typically require a model release. If a recognizable private location is involved, a location/property release may also be needed. A general portfolio-use clause may not be enough for stock licensing.
Even if it may be legal, it may still not be appropriate. Selling rejected client images as stock can damage the client relationship, especially if they feel you are reusing work they paid for in another market. Getting explicit approval from the client is the safest practical and ethical route.
For future shoots, consider adding a contract clause that specifically covers possible stock use, with the client able to approve or decline it.
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