Copyright question

I currently have about 90 images licensed to Getty Images, which brings me a relatively modest but steady trickle of cash. Under the terms of the agreement I have with them, I can't license these images elsewhere. I was wondering, however, if I can license similar images, taken at the same time, processed in a similar way. ie, I take a series of images, I license one to Getty and then sell the similar images elsewhere. I've been through the terms of my agreement and can't find anything specifically prohibiting this. However, bearing in mind the debacle over the colour-popped London bus on a biscuit tin, where a company lost a case based on the similarity of an image (by a different photographer) they were using to a copyrighted image, I'm wondering if I have missed something?

The reason I am asking is I've been asked to supply some images for a website here in Qatar. Some of the ones they are interested in are already licensed elsewhere, but I have similar images, some of which were taken at the same time as the licensed images.

Any ideas?

Hi Flurbie

This link opens a PDF, most of the information will be teaching you to suck eggs, but the final pages might point you in the right direction. due to the complexities of copyright and licensing, some legal guidance might be worth looking into.

http://www.bipcnewcastle.co.uk/wp-content/uploads/2011/08/Copyright-in-Photograp...

Regards

Fletcher8

In your Getty contract there should be a section on similars. Licencing similars after submitting to agency is usually frowned upon by the agency. Why not just upload to Getty and point the client to the content on Getty?

Very good point and idea Gary.

Thanks, Gary, I had thought of that, and have in fact done this on a previous occasion, but it would be more lucrative selling them direct....it's probably the sensible option, though. I've not found anything in the contract on similar's, but I will have another look through it.

However, I don't want to upset the apple cart (or risk being subject to any legal action), so I'll do as you suggest and send them the links to the images on Getty. I've got a few (different) unlicensed images they are interested in too, so will possibly get the best of both worlds.

Here you go, this is the flickr contract basics I imagine the Getty contributor contract will be roughly the same, I know my corbis contract is very very similar.

https://contribute.gettyimages.com/producer/help/workingWithGetty

Thanks, Gary, I just had another look at the contract with Getty, it mentions similar's on the first page, don't know how I missed it. I also only just noticed I can only sell signed or numbered copies of my images as prints, and I've been selling straight prints, whoops! I'll have to have a think about that one, as I can't get printing done in Doha due to quality issues, so I have the printers ship direct to the customer.

Sorry to see you leaving Pentax, btw, though perfectly understandable with FF still not being addressed.