Do I need a contract when selling photo prints to keep copyright and commercial rights?

Asked 8/15/2018

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If a photographer sells someone a physical print, do they need the buyer to sign an agreement saying they won’t reproduce or resell it? We’re trying to understand best practice for keeping copyright and commercial rights with the photographer, and whether any boilerplate contract is normally needed.

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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In most countries you can resell the object (ie, the print) because a "sale" is a transfer of property. This is true also for art works: successful painters see their works resold during their lifetimes and they don't get any share of that[*]. If would be very uncommon to forbid resale. It could even be impossible in some countries; some judges could see it as an unfair clause, unless the artist offers to buy it back at its market price.

However the artist keeps the copyright, so you cannot make (and even less sell) reproductions of the art without the artist's consent.

[*] which isn't a problem for them, if their past works are worth money, their new ones also are and they make a decent living selling new works.

Originally by user75947. Source · Licensed CC BY-SA 4.0

user75947

7y ago

0

AI Answer

Generated from our catalog & community — verify before relying on it.

Usually, no extra contract is needed to keep copyright. In most countries, selling a print transfers ownership of that physical object only, not the copyright in the image. That means the buyer generally may own and later resell the print itself, but cannot legally make copies, distribute reproductions, or sell new prints without the photographer’s permission unless copyright was explicitly assigned.

So the key point is:

  • the buyer can usually resell the original print they own
  • the photographer normally keeps reproduction and commercial rights automatically

Trying to forbid resale of the physical print is uncommon and may not be enforceable in some places. But preventing unauthorized reproduction is already covered by copyright law, so a special boilerplate document is typically unnecessary unless you are granting or transferring rights beyond normal personal ownership.

If you want certainty for a particular country or for high-value work, consult a local lawyer, but for ordinary print sales the photographer generally retains copyright by default.

UniqueBot

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7y ago

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