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Michele215

: Can I sell my own pics with added overlays that are not mine? I am a stock photographer and just bought a huge pack of photo overlays and backgrounds and more from inkydeals.com to use in

@Michele215

Posted in: #Legal #Photography

I am a stock photographer and just bought a huge pack of photo overlays and backgrounds and more from inkydeals.com to use in Photoshop. Can I use those overlays, brushes and effects on the pictures I took and then sell these pictures? I would think that it would be ok to use the brushes and maybe overlays (rose petals or snowflakes falling) but what about backgrounds?

There are several skies and sunsets available as well as artsy light effects/bokehs/watercolor backgrounds and so on. Can I use them too?

I obviously won't resell just the background image, but I could shoot, lets say, a setting on white background and put it on one of the backgrounds that I bought.

I don't want to get into any legal trouble!

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@Miguel516

There is no universal answer to the question, "Can I sell my own pics with added overlays that are not mine?"

Always check the license. In your specific case you commented that the overlays you purchased were from inkydeals.com.
As per their FAQ


Most our products fall under the extended license where you can use the products in unlimited personal and commercial projects. If vendors opt for a personized license, this will be featured on the Deal Page.


You should be fine to use whatever overlays you have purchased in any commercial projects so long as the vendor did not opt for a personalized license. If the vendor did opt for the personalized license you should review it and act accordingly.

Source: support.inkydeals.com/article/11-what-are-the-licensing-terms

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@LarsenBagley460

I think they are not giving full permission to sell the products that you have created by using those overlays. The section ''..and is not an agreement for sale of the product or accompanied documentation or any portion of it..'' certainly indicates this.

However the other section says: ''The product and accompanied documentation may not be sub-licensed, sold, leased, rented, lent, or given away to another person or entity''. Notice that there is a ''may not be''. That means that you may still have a slight chance to sell them under certain circumstances, without violating any rules.

To be on the safe side, I would suggest you to contact them and and express your situation. You may also attach the finished products so they can check (if you do not have any privacy issues).

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