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Archive 2013 · Selling a one time use jpeg file
  
 
wesdot
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p.1 #1 · Selling a one time use jpeg file


So I've had kind of a funky question but I think it's going to become more frequent as so many photo printers are offering so many different items. I've been approached by someone wishing to purchase one of my photos in a .jpeg file to create a jigsaw puzzle for her dad.
Is there a way to keep that same file from being used for other things? If there isn't how does one protect themselves?
And lastly if this is feasible what would you charge?
Thanks



Feb 01, 2013 at 09:17 PM
BenV
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p.1 #2 · Selling a one time use jpeg file


No, you send the jpeg file, its there word that they won't send it else where. Are you really concerned about that photo? Just sell it and be done with it. You should always have a written contract stating what the usage rights are. After that the lawyers deal with it.


Feb 01, 2013 at 09:49 PM
Eyeball
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p.1 #3 · Selling a one time use jpeg file


A very safe alternative for you, involving a little effort on your part but no legal documents, would be for YOU to have the puzzle made (many places available for this - even Walmart) and then sell her the puzzle. If ordered online, you could probably even have it shipped directly to her.


Feb 01, 2013 at 09:54 PM
 

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jcolwell
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p.1 #4 · Selling a one time use jpeg file


I'd ask for $50 and settle for $15.




Feb 02, 2013 at 01:13 AM
wesdot
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p.1 #5 · Selling a one time use jpeg file


Thanks all for your comments. Feedback is always good and sets one mind down roads not considered!



Feb 02, 2013 at 01:20 AM
cgardner
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p.1 #6 · Selling a one time use jpeg file


What you want to do to control how an image is used is to create a contract which gives the user a specific limited license to use the image. But before doing that you should register the image with the copyright office and mark use (c) year - name. The (c) symbol is opt/alt+g on keyboard but does not seem to display correctly here. Details on the process of registering can be found on the copyright office web site. For example there are ways to register a DVD full of images with one application / payment.

If you do a bit of searching you can find licensing templates on stock photo sites.

The license in a contract can be tailored to be as specific as you like, such as limiting use to the reproduction of one copy of the puzzle to be only used on the third Sunday of every month for one year, if both parties agree to the terms and sign it.

It is also prudent to include what is specifically not allowed such as selling or transferring rights to some other party. It's also a good idea to require them to provide credit including the (c) year name so others seeing it know its yours and requiring submission a copy of all works using the image, which is the only way to monitor usage.

But none of that due diligence prevents someone who gets the file from using it any more than a lock on your door prevents someone determined to rob your house.

Your recourse if someone uses an image without permission is: 1) send an invoice and request payment, and; 2) take legal action if they don't pay.. But courts will want documentation that the image was registered to prove it is yours. If you don't register there is a chance they might claiming it was theirs. Then you have an uphill climb just to prove ownership.

Is any of that worth the trouble? That's up to you do decide.



Feb 02, 2013 at 01:55 AM





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