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Community Newcomer
Posts: 8
Registered: ‎05-03-2017

Am I allowed to create my own stock photo?

[ Edited ]

So recently I asked you guys about tax, that was around a month ago and I've learned that everything I sell I'm gonna put in a spreadsheet and send at the time I'm supposed to (I believe April) I currently make 5k a year from my part-time job and doubt I'd make much from this but I'm ready to give it a shot and pay all my taxes etc :-)

 

Now my question lies in Stock Photos, when I done this last year someone said as I'm not a verified business I need to take pictures of my product to sell them (Example, a photograph) If I was selling a ''Photo'' of someone. Do I need to print the photo and then take a picture of the photo on a table.. or is it completely under the guidelines for me to create my own stock photo as an example of how it will look. 

 

I look forward to hearing from you all, I decided to photo-shop a stock/dummy photo of how the product will look. It saves me creating them and having them lying around getting damaged so instead I will print fresh ones of what I create Smiley Happy

 

Thanks so much, if not allowed I guess I'll just create and picture. 

 

I'm a graphic designer as well so really enjoyed making the stock photos.

Community Member
Posts: 6,606
Registered: ‎04-09-2011

Re: Am I allowed to create my own stock photo?

in reply to threaten

I seen no harm in creating your own stock photos when the items are brand new, it's used items that need individual photos of each one.  

 

If you are selling a photo, your image on the listing needs to be of a photo, not just the image of the person, and have you checked out all the appropriate copyright laws?

 

It has nothing to do with your business status, although, presumably, you are registred as a business?

Community Newcomer
Posts: 8
Registered: ‎05-03-2017

Re: Am I allowed to create my own stock photo?

in reply to papso22

I'm not actually registered as a business, I'm just a young dude doing this for enjoyment. 

 

I have 0 feedback, I don't know how to register with eBay as a business or if I need a specific amount of sales.

 

I've looked some copyright laws and only using the ones license-free I believe it is. 

 

I'm not selling a photo, I'll give an example.. If I'm creating a necklace with a picture of Kurt Cobain in it (all brand new) do I need to show the exact necklace im selling, or can I make a stock version of Kurt in the necklace?

 

Thanks for helping Smiley Happy

Community Member
Posts: 28,046
Registered: ‎17-02-2004

Re: Am I allowed to create my own stock photo?

in reply to threaten

Smiley Indifferentthe necklace

Community Member
Posts: 6,606
Registered: ‎04-09-2011

Re: Am I allowed to create my own stock photo?

in reply to threaten

You are going to have to read up on all eBay policies before you start, including what makes you need a business account.  You will need to change this one to a business one, or make a new one that is a business account.  This is because you are making things to sell, it doesn't matter why you are doing it.

 

As petal says, your​ picture has to be of the necklace.

Community Member
Posts: 2,162
Registered: ‎10-05-2005

Re: Am I allowed to create my own stock photo?

in reply to threaten

threaten wrote:

I'm not actually registered as a business, I'm just a young dude doing this for enjoyment. 

 

I have 0 feedback, I don't know how to register with eBay as a business or if I need a specific amount of sales.


You must register as a business, both with HMRC and on Ebay, if you buy or make items to sell - from the start.

This is the law - not just an Ebay rule.

https://www.gov.uk/set-up-business

Don't be put off by this, though, it's quite simple.

For the Ebay side of it, here is Ebay's help page:
http://pages.ebay.co.uk/help/account/how-to-register-business.html

You need to do this as soon as you put any items up for sale.


threaten wrote:

I've looked some copyright laws and only using the ones license-free I believe it is. 

 

I'm not selling a photo, I'll give an example.. If I'm creating a necklace with a picture of Kurt Cobain in it (all brand new) do I need to show the exact necklace im selling, or can I make a stock version of Kurt in the necklace?

 

Thanks for helping Smiley Happy


Photos of "celebrities" do need to be licenced. So do any images you use, anywhere.

If you didn't take the photograph, or create it, you do not have permission to use it.

You might be confusing this with "royalty-free".

 

(In the case of images of people, even if you had taken the photo yourself, you would still not have the rights to use it on items to sell, without specific permission.)

 

In fact ANY photos that you use on items you sell (and elsewhere - web pages, leaflets, packaging, editorial, etc.) need to be licenced.

If you didn't take the photo yourself you MUST have permission to use it, and the right level of licence.

For instance, you might want to use an image to put on a web page. That is one level of licencing - but to use the same image on an item for resale will require a different level (more expensive) licence.

Creating "fan art" for your own use and using images on items for resale are completely different things.

If you sell items with images on and don't have the correct licence you stand to be pursued for a LOT of money.

 

This one of Kurt Cobain, for instance, costs €175 to licence a small image for editorial use.

It would be a LOT more to use on resale items:

http://www.gettyimages.co.uk/license/2225147

If you were to use it without licencing, Getty Images (the rights owners) would have no hesitation in pursuing you for hundreds or thousands of pounds.

 

 

Jo


Community Member
Posts: 504
Registered: ‎27-09-2010

Re: Am I allowed to create my own stock photo?

in reply to frenchcollection
That's a lot of useful information and is probably why there aren't lots of sellers already selling this, as they have looked into the cost and realised it's probably not financially viable to be able to sell them for low prices once the licensing costs(and tax) have been paid.
Community Member
Posts: 451
Registered: ‎14-06-2011

Re: Am I allowed to create my own stock photo?

[ Edited ]
in reply to threaten

threaten wrote:

I'm not actually registered as a business, I'm just a young dude doing this for enjoyment. 

 

I have 0 feedback, I don't know how to register with eBay as a business or if I need a specific amount of sales.

 

I've looked some copyright laws and only using the ones license-free I believe it is. 

 

I'm not selling a photo, I'll give an example.. If I'm creating a necklace with a picture of Kurt Cobain in it (all brand new) do I need to show the exact necklace im selling, or can I make a stock version of Kurt in the necklace?

 

Thanks for helping Smiley Happy


I just want to say that you're very wise to do some research and ask for advice before you start selling.

 

Other posters have warned you about some of the pitfalls they've seen for you, such as using copyrighted material...  not the kind of thing everyone thinks or knows about. The "business seller" or not question is quite common - a lot of people incorrectly think that it's the amount of stuff you sell, or the size of your revenue that makes you a business seller... 

 

You can pick of lots of information and advice from experienced Ebayers on these boards, it's a good idea to take notice of what they tell you.

 

If you want to do this for enjoyment as you say, then I hope you can find your way through all the rules and regulations and make it work, and wish you the best of luck. 

 

 

ETA: one way of avoiding the problems of copyrighted photos - could you make the necklace, so that people could add / put in their own, for example? 

Community Newcomer
Posts: 8
Registered: ‎05-03-2017

Re: Am I allowed to create my own stock photo?

in reply to papso22

It's not this account, it's a different account I'm using. It only has 2 feedback though.

 

I'm just going to make the necklace and take a picture with it with my SLR. Although I thought if I could make a graphics version of how the necklace is going to look that could save me time, but I guess I'll just make and picture them.

 

By the way, it's not necklaces I'm making. I used it as an example Smiley Happy 

Community Newcomer
Posts: 8
Registered: ‎05-03-2017

Re: Am I allowed to create my own stock photo?

in reply to jjabberwock

I've been researching for around 3 months, It's not a necklace but it's something really similar and profitable.. The problem is I'd only make around £5 per sale and I know another eBayer who has been done something extremely similar with actors/movies for the past 4 years and I just realized he doesn't even own the copyright to the images.. which is pretty scary, I'd rather research this. 

 

That's exactly how I thought, I had assumed you'd need to be a top seller to be a business but I'm kind of intrigued. I'm going to sign up to HMRC and the eBay business straight away and keep learning as I go on, even if I only make £300 this year I'm still going to send it away. 

 

The thing I'm doing is pretty popular to young people, I know someone who sells magnets with the likes of Johnny Depp, Kurt Cobain and popular cartoons and I'm questioning how they've avoided copyright issues for the past 5 years. I was told by a friend they were once asked by a photographer to ''remove the images'' to which they did. 

 

This is very, very confusing but it's something I'm pretty passionate about and if it gets me funding towards my dreams I'm all for it. 

 

I'll keep finding ways, I'm thinking about contacting the photographers and seeing if I can build my way up.. start at 1 post eventually have 10 etc, thanks so much for being nice about this.. the community is nicer than I had expected Smiley Happy 

Community Newcomer
Posts: 8
Registered: ‎05-03-2017

Re: Am I allowed to create my own stock photo?

in reply to frenchcollection

Hello! Thanks very much for being so insightful about this. 

 

I'm going to register to both straight away, thanks for the links! I'm struggling to find where and what so I'm saving this all in my jumbled wordpad and writing it all down, I wish I had some sort of parental figure that cared enough to help me with this.. but they don't. 

 

As for the celebrity problem, I swear if you google Licence Free you can find pictures that are free to use? If that's false I'll avoid it at all costs. I actually know someone who has sold magnets for years with many celebrities and I'm surprised he hasn't been done for copyright yet as so many of his pictures I'm seeing are not free to use, just taken from google.. I forgot what put me off doing this last year and I now remember, it was the whole being sued by a photographer part lol.

 

I now wonder if Daily Mail etc pay for the photographs they use as they often leave the Getty Images part on, hmm? ha! 

 

That is absolutely crazy though, £400! I'd be using it to make £5 at most which would put me down £395 haha, I always reconsider eBay when I hear this stuff but I need to learn and find a way around this that is perfectly legal. 

 

It says this image is ''Free To Use, Even comercially''

 

I notice they often use that on Daily Mail, The Sun or any other outlet when talking about Kurt. Could this be something that I could use?

Community Member
Posts: 1,051
Registered: ‎18-01-2003

Re: Am I allowed to create my own stock photo?

in reply to threaten
I don't think you should create a stock photo of used or hand made items which might vary from the photo. This is to protect YOU, as eBay will always decide in favour of the buyer where an item looks different from the photo.
When you agree to join the eBay Catalogue stock photo programme you can use others' stock photos and they can use yours, gratis. It seems to suit many sellers but I am not in that kind of business, I sell Used.
Community Member
Posts: 1,051
Registered: ‎18-01-2003

Re: Am I allowed to create my own stock photo?

in reply to threaten
Thirty years ago, I met a studio potter who wanted to make Beatrix Potter figurines. Disney told her she could (for an upfront payment of £120,000) but unfortunately, although they liked her work very much, it was not uniform enough for Disney whose every consumer must get exactly the same item. Steampunk designers can use the illustrations in Victorian and older books and periodicals as much as they like and in fact can acquire copyright in their own examples of printed images. I could make a card with a Victorian picture in one of the scrap albums I have but you can't copy it without my permission; you would need to find another copy.
Community Member
Posts: 2,162
Registered: ‎10-05-2005

Re: Am I allowed to create my own stock photo?

[ Edited ]
in reply to threaten

threaten wrote:

... 

As for the celebrity problem, I swear if you google Licence Free you can find pictures that are free to use? If that's false I'll avoid it at all costs. I actually know someone who has sold magnets for years with many celebrities and I'm surprised he hasn't been done for copyright yet as so many of his pictures I'm seeing are not free to use, just taken from google.. I forgot what put me off doing this last year and I now remember, it was the whole being sued by a photographer part lol.

 

I now wonder if Daily Mail etc pay for the photographs they use as they often leave the Getty Images part on, hmm? ha! 

 

That is absolutely crazy though, £400! I'd be using it to make £5 at most which would put me down £395 haha, I always reconsider eBay when I hear this stuff but I need to learn and find a way around this that is perfectly legal. 

 

It says this image is ''Free To Use, Even comercially''

 <image snipped>

I notice they often use that on Daily Mail, The Sun or any other outlet when talking about Kurt. Could this be something that I could use?


No. They would have an editorial licence. A totally different situation to using an image on merchandise.

 

"... someone who has sold magnets for years with many celebrities and I'm surprised he hasn't been done for copyright"

A lot of people get away with speeding...

 

"I swear if you google Licence Free you can find pictures that are free to use?"

Some might be. But you have to ensure they are 'free to use' on merchandise.

"Public Domain" is the phrase you need.

 

Here's a useful flowchart:

 If it's not clear enough to read, here's the URL:

http://thumbnails-visually.netdna-ssl.com/can-i-use-that-picture_53ced4adb3a64_w1500.jpg

 

 

However once you've ascertained that the image is OK to use, you then need to consider trademarks.

 

In the example given, the Kurt Cobain estate owns the right to use his name.

(Again, don't get confused by editorial use. That's a whole separate thing.)

End of Music LLC is the main trademark handler.

 

Therefore even if you re-draw, alter, transform or repurpose the image, you cannot use the name to sell it if it is trademarked.

See this: http://www.cornwalllive.com/st-austell-couple-ordered-to-pay-up-for-illegal-use-of-logos/story-29541...

 

If you have any doubt at all, it's not worth the risk. Big names can and do sue; even if you think you're in the clear, ask yourself whether you have sufficient funds to defend a case.

 

As you're a graphic designer, why not create your own designs? (Not of 'celebrities' - the trademark issue would still apply.)

 

 

 

 

Jo