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Resale ofLicensed image with Trademark
Posted by Anonymous . updated on 2/26/2009
Hi,
I am a professional photographer for over 25 years and license my work to my clients. Recently I have won a case of a company using my work without permission when they purchased assest from another company and the work was transferred to them in the sale. They have acknoledged the work is mine. Today we met to mediate the damages they contend I do not have a right to resell these images as the product shows their mark. They sited no precendent. I have them copyrighted as well.
My lawyer agrees with me they have no claim, because it is my copyrighted work and does not infringe on thier mark. Since I resell images all the time through stock houses am I right they are just yapping to my rights to relicense the work after the iniatl use has expired. My terms say I can on all invoice.
Thanks for the advice.
Tom 
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