The Relationship Between Fotolia The Agency And The Client
We receive calls from graphic designers, webdesigners, advertising and communication agencies daily inquiring as to whether a Fotolia picture may be “sold on” to their clients. The re-selling of Fotolia images is in fact contractually forbidden, however most callers actually mean something quite different. Agencies are namely our main clients and can very well use the images for their clients.
The exact legal setup depends on the respective business relationship with the client. There are two fundamental combinations.
1. The client purchases the picture and the GWA uses this image in their role as “fulfillment service”. The usage rights to the picture rest with the client. The advantage for the client – they can use the picture for future purposes.
2. The GWA buys the image, building it for example into a website and then sells the rights to the site (containing the picture) to the client. The advantage for the GWA – if the client wishes later to use the picture for other purposes, they must either commission the job with the GWA or buy the license from us themselves. In the rare case of a different customer wanting to use the same image, a new license should be acquired.
Images: Julio Rodriguez, Alexey Aleshkin