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RE: [GWL]: Digest for Gardenwriters@topica.com, issue 274
"I recently sold calendar rights to an image for a 2003
calendar. Now, a magazine editor is interested in
running a feature on this garden. I have similar
images to the calendar shot that are slightly
different, but not substantially so."
"I had granted the calendar publisher exclusive rights to
this image. I guess I was wondering at what point a
similar image is different enough not to violate that
agreement. Any suggestions?"
Legally, you can get away with any image that is in any way different
and call it artistic nuance. Professionaly you may very well cut your
own throat with future dealings with both editors if you sell similar
images as unique.
I would use your own conscious but personally, I try hard not to have
similar image in print at the same time with any publisher. Not easy to
do with all the photos I circulate but I do try.
Saxon Holt
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