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View Full Version : If I sell a picture, can the buyer alter it?


tomd
5th of December 2007 (Wed), 22:30
Let's say I sell a picture of an object to a company who intends on using it in advertising. Are they allowed to alter the picture such as editing in Photoshop to meet their needs?

In this hypothetical situation let's say I sold the digital image without use limitations.

liza
5th of December 2007 (Wed), 22:38
Depends on your agreement with them. Many corporate clients beef up the images purchased from freelancers to meet their needs.

tomd
5th of December 2007 (Wed), 22:43
I thought so. Could they go as far as using a PS tool like a lasso and place the object in a different background? I am guessing that the answer is the same as above; it depends on the agreement.

liza
5th of December 2007 (Wed), 22:51
Yep. I don't really care what they do to it as long as they pay my fee.

New Hobby
5th of December 2007 (Wed), 23:28
Yep. I don't really care what they do to it as long as they pay my fee.

Now that would make a great sig. ;)

liza
5th of December 2007 (Wed), 23:53
Now that would make a great sig. ;)

LOL!

Keep in mind that sentiment is only for corporate clients. It's normal for them to alter a photo for brochures and other promotional materials. I would never say that about a wedding or portrait image, though, as they pay for the artistic vision. Sometimes I think the corporate clients are easier. They pay a lot more for a digital file, and I don't have to do much PP.

Rubi Jane
7th of December 2007 (Fri), 00:08
tomd...I don't know where you live but I'll assume not Canada then I can safely say I don't have a clue about laws in any other country. In Canada, a photographer has two separate rights, the copyright and moral rights. If a client hires a photographer for a shoot and through agreement they gain the copyright to the image that does not entitle them to modify the image without the photographer's consent. That consent would ideally have been acquired before the shoot, but it they decided later to change/edit/modify the image in a way that the photographer felt defamed the image or their-self, the photographer may have a case.

Moral rights can be transferred or they can be maintained by the photographer, even when copyright is transferred. The key as always, is to have a clear understanding of use and a written agreement that outlines such use.