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Thread: Difference between "Commercial" and "Personal" when taking and selling prints???

  1. #1

    Join Date
    Nov 2008
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    NW New Mexico
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    Difference between "Commercial" and "Personal" when taking and selling prints???

    Would someone mind explaining the difference between "Commercial" and "Personal" as it relates to taking and selling prints...

    I was looking through old negatives, and found an older image I want to make a few prints to sell....in this case an adobe cultural center...but...

    When I shot the image, I was in the parking lot of the property, and after setting up, taking the shot, and had loaded everything up....a person came out and asked that I come inside and sign a document...I believe it was a release stating the image was not for commercial use - (if I recall correctly, it was about 14 years ago)...

    It got me thinking that I have signed a few similar releases over the years...."not for commercial use"....Indian pueblos and the like....

    Can I not sell these images as fine art prints? or is simply selling a print considered commercial in these cases?

    I searched, with no results - but if this question has been asked before - please point me to the posts, or thread...

    Thanks,
    Dan

  2. #2
    Abuser of God's Sunlight
    Join Date
    Aug 2004
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    brooklyn, nyc
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    5,796

    Re: Difference between "Commercial" and "Personal" when taking and selling prints???

    Everything that follows is a generalization. There are many exceptions and gray areas.

    "Commercial art" generally means art done for the purpose of commerce. You're hired to sell something—a product, a service, a message. Simply selling personal artwork doesn't make it commercial.

    Commercial work is generally done on assignment; personal work is generally done as a project and, if it's to be offered for sale, is done so after it's completed.

    Commercial sales are usually the sale of usage rights. You are selling the right to use an image in a particular medium for a particular sized run or a particular amount of time. Art sales are usually the sale of an object, like a print. Generally with one-of-a-kind work, like painting, the sale of the object includes the rights*. With multiples, like photography or etching, it does not include any rights.

    *I'm not 100% sure about this.

  3. #3
    Scott Davis
    Join Date
    May 2002
    Location
    Washington DC
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    1,875

    Re: Difference between "Commercial" and "Personal" when taking and selling prints???

    You should double-check on if this was indeed taken on Indian land - most Native American tribal territories are considered to be at least semi-autonomous sovereign nations and can set their own rules regarding things like photographic usage. Many of them require you to purchase a permit of some kind before shooting, especially the Navajo Nation, who are extremely zealous in the protection of their cultural heritage. I don't know what the consequences of shooting and selling prints without the prior approval of tribal authority might be, but it could be anything from paying a fine to being barred from tribal territory for some period of time to being sued in federal court. I would first verify which tribe's territory you were on, and then inquire about the tribe's definition of "commercial" vs "personal" - it may differ from US Law and it may be enforceable even if different.

  4. #4

    Join Date
    Nov 2008
    Location
    NW New Mexico
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    428

    Re: Difference between "Commercial" and "Personal" when taking and selling prints???

    Thanks Paul and Scott....Appreciate the replies....

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