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  1. #1
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    Protecting myself when selling a site includes images with no transfer license rights

    I am in the process of selling a few sites on here and have made it very clear that the images included were all bought from istockphoto at the lowest purchase category which I believe has no transfer rights. Still, it makes me very nervous to sell a site and down the road the new owner tells istockphoto the images were part of the deal. I have dealt with gettyimages (istockphotos parent company) before dealing with image and their lawyers are vicious.

    Anyway - how can I protect myself when selling these sites? Removing the images beforehand would be extremely difficult and would devalue the sites. Does the Deluxe Web Contract Sitepoint sells cover such details? How hard is it to understand this contract or do I need to hire a lawyer to interpret it for me? I am not selling these sites for much so am not looking to make this a huge deal. Just want to simply sell the sites.

    Also interested if the contract protects me from content. I paid excellent quality writers to provide me material for my sites and as any experienced webmaster knows, people copy your content and plaster it all over. I am honest and would never steal any content but you always have someone who may claim you did as he sees your content plastered on all these MFA sites.

    I am at the point where I would prefer to delete the sites and park them than expose myself to any legal problems.

    Your input is much appreciated, especially from experienced individuals with an understanding of a sellers viewpoint.

  2. #2
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    If you no longer own the site, then any copyright issues with the site aren't your problem. As long as you don't transfer the images with the rest of the site content, you should be in the clear. How would Getty Images prove that the new owner didn't take the images from somewhere else?

    If you are that worried about it, how much would it cost to buy the images with transfer rights, or buy them for the new owner without transfer rights?

  3. #3
    Follow: @AlexDawsonUK silver trophybronze trophy AlexDawson's Avatar
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    I agree entirely with the above and would make the side note that if you do plan on selling websites in the future to make sure you get stock images from a royalty free website as these tend to have fewer restrictions and can be used in commercial ventures (though you must be careful that they are not being sold as part of an image collection and read through their terms of use carefully).

  4. #4
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    Quote Originally Posted by AlexDawson View Post
    I agree entirely with the above and would make the side note that if you do plan on selling websites in the future to make sure you get stock images from a royalty free website as these tend to have fewer restrictions and can be used in commercial ventures (though you must be careful that they are not being sold as part of an image collection and read through their terms of use carefully).

    istockphoto does describe themselves as royalty free. This is what they sent me so it seems we would be ok.:

    Here is an exert from our Standard Licensing Agreement.

    "(b) Seat Restrictions. Only you are permitted to use the Content, although you may transfer files containing Content or Permitted Derivative Works to your clients, printers, or ISP for the purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide."

    If your client does not foresee needing the content for any other purposes, they would not require an additional license. The documentation of the of the files used for their site would be found in your download history.

  5. #5
    Follow: @AlexDawsonUK silver trophybronze trophy AlexDawson's Avatar
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    I would note in your contract with your client that upon recieving images (given through licensed sources in good faith) that if they violate the use of the images you hold no liability for their violations and will assist the legal owner of those images in any way possible


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