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Author Topic: Creative Work For Purchase With No Commercial License Means Caveat?  (Read 825 times)

TechnicGeek

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Hello. I saw someone on Fiverr, a photographer offering 2 packages with no commercial license and 3rd package with commercial license. Now that didn't make sense to me how would someone not have a risk of copyright claim later on if they would choose one of first two packages.

After inquiring I was told that first 2 packages are only for small work, small startups that do not plan on using a lot of images to generate profits and 3rd package is only for bigger businesses that will order a lot of images. I understood that contractor tries to help growing startups with their expenses and feels like helping because of kindness but how would that not be a risk in the future?

Assuming small startup grew fast, became successful or was acquired. Due to lack of commercial license can't contractor now have its claim of royalties? How this does not put startup that did not purchase commercial license under mercy of contractor who remains copyright holder and can come for his piece of the pie? Are such packages deliberate trap or act of kindness that can take different course in the future depending on contractor's morals?

Thanks
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Robert T Nicholson

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I don't think anyone can really answer without knowing the specifics of the licensing plan.  It may be that the plan was simply poorly thought out on the part of the photographer.

I know some image sources offer different licenses based on volume of distribution, and others offer different licenses based on intended use (e.g. commercial versus editorial). 

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This post is provided for information purposes only, and does not constitute legal advice.

Robert Nicholson Consulting | Copyright Safeguard | ED Treatment Center
 



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