# Exclusive Licensing Question



## JMCImages (Jul 18, 2016)

Hello,

So I know that once I grant a client exclusive rights to an image, I cannot sell that image to anyone else.  However, if said client wishes to allow another party (in this case a contractor that worked on a kitchen remodel), to use one of the images they have already acquired from me, is that allowed?  The contractor would be using the image for their own promotional purposes.

If the answer is no, am I allowed to grant the contractor use of the image, as long as I'm not selling it?

Thanks for your help.


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## astroNikon (Jul 18, 2016)

Sounds simple
But it's all based on the contractual terms in the contract.
Consult your lawyer that (hopefully) drew it up.

If it's yours, and the one exclusive client has no qualms (and has written you in that regards), then you should be okay.  But you may want to have a contract that covers both the existing client (or an amendment) and the new client to CYA for that photo.

but consult your lawyer that wrote it up initially.


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## tirediron (Jul 18, 2016)

Astro is spot on; this is totally dependent on the terms of the contract between you and him.  If you agreed to his use only, then no, he can't.  If you haven't restricted him on what he does with it, then he can.  That said, an image of yours with which he is generating third party revenue is worth a LOT more to you than if it is just his use.


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## orljustin (Jul 19, 2016)

tirediron said:


> Astro is spot on; this is totally dependent on the terms of the contract between you and him.  If you agreed to his use only, then no, he can't.  If you haven't restricted him on what he does with it, then he can.  That said, an image of yours with which he is generating third party revenue is worth a LOT more to you than if it is just his use.



Licensing an image to someone for their exclusive use does NOT give them the right to grant rights to others or allow them to redistribute it.


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## tirediron (Jul 19, 2016)

orljustin said:


> Licensing an image to someone for their exclusive use does NOT give them the right to grant rights to others or allow them to redistribute it.


Not always.  You're right in that "Exclusive use" in the literal sense means that only the client can use that image, however it's common to refer to a situation where the client controls the image as exclusive licensing; in other words, I license an image to ABC Inc.  They pay me for all usage rights, and in their conditions say that I cannot license the image to anyone else for a period of 'X' years, however, ABC Inc is the parent company for a number of subsidiaries that provide similar, related products under different names in different parts of the world; they in turn license their subsidiaries to use that image (which is permitted by the terms of this particular agreement).


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## orljustin (Jul 22, 2016)

Well sure, you can make up whatever terms you like in a rhetorical license, but the OP said 'another party' which does not indicate a subsidiary or anything.  Usual licensing terms do not include sub-license rights.


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## table1349 (Jul 22, 2016)

JMCImages said:


> Hello,
> 
> So I know that once I grant a client exclusive rights to an image, I cannot sell that image to anyone else.  However, if said client wishes to allow another party (in this case a contractor that worked on a kitchen remodel), to use one of the images they have already acquired from me, is that allowed?  The contractor would be using the image for their own promotional purposes.
> 
> ...


What did your lawyer say when you asked them????  None of us are going to be at your side in a court room.  I would assume that your lawyer will.


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