Q: Someone offers a service online that also involves the selling of images and videos, who owns the rights?
If someone offers a service online that also involves the selling of videos and images as part of that service, who then owns the rights to those images and videos. Does the seller retain full control over those images and videos and has only sold you "the service", or do you have any rights over those images and videos? What is the legal standing in this case?
A:
The ownership and usage rights for images and videos sold as part of an online service can vary depending on the specific terms of the agreement or license under which they are sold. In general, there are a few common scenarios:
1. The seller retains full ownership and control: In many cases, the seller may grant the buyer a limited license to use the images and videos for specific purposes outlined in the terms of service or license agreement, while retaining full ownership and copyright. This means the buyer cannot resell, distribute, or use the media outside of the agreed-upon terms.
2. The buyer receives limited usage rights: The seller may transfer certain usage rights to the buyer, such as the right to use the media for a specific project, for a limited time, or within a specific geographic area. The extent of these rights should be clearly defined in the agreement.
3. Full transfer of ownership: In rare cases, the seller may transfer complete ownership and copyright of the images and videos to the buyer. This would typically be outlined explicitly in the agreement and would likely come at a higher cost.
Unless there is an explicit agreement stating otherwise, the default legal assumption is generally that the creator or seller retains ownership and copyright of the images and videos, and the buyer is only granted limited usage rights.
To determine the specific rights in a given situation, it's essential to carefully review the terms of service, license agreement, or any other contract associated with the purchase. If the agreement is unclear or ambiguous, it's advisable to seek clarification from the seller or consult with a legal professional specializing in intellectual property law.
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