• Selling the vectors

Hi sir,
i am a web developer, 2yrs ago  i have purchased 100's of vectors from shutter stock(http://www.shutterstock.com/ )and (https://us.fotolia.comwebsite ). But now the vectors are not useful for me. 
The thing is i want to sell those vectors in my website. But as per shutterstock and fotilia rules i have no permission to sell the vector. But i have placed so much money for vectors by selling those images i want to recover my money.
I ahve asked my friend regarding this. he suggested me to consult a lawyer regarding this. And he tol me that by making  some modification in that vector file, i am able to sell the vector
My questions are
1.Can i sell those images in my website. 
2. What are the terms and conditions should i place in my website for sell those images
3. If i have to modifi he vector. how much percentage(%) of the vector should i modifi .
 
Note: please don't say that you wont have rights to sell the vectors. If i don't have right solution please give me a alternative solutions
Asked 13 days ago in Business Law from Hyderabad, Telangana
1) it is necessary to peruse terms of contract signed by you with the seller to advice 

2) you can approach the seller to buy back the product from you 

3) if he refuses seek his permission to sell the vectors as you don't need them any more 

4)kindly reproduce relevant clauses in your contract to advice you further 
Ajay Sethi
Advocate, Mumbai
23296 Answers
1220 Consultations
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1. If the website from which you have purchased the vectors has a copy right over them then you cannot sell those except with the prior permission of the website, but if you can modify it by introducing your original artistic creation then you may sell it. 

2. To sell the copyright material without the permission of the person/institution holding the copyright is an offence under the Copyright Act which carries imprisonment.

3. To get a comprehensive opinion show to a lawyer the images that you have purchased and which you now intend to sell.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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there would be a clause in your agreement As a rule the content is not for available for use where the file in its current form is available for resale, or where by the file is transferred to another person or company as part of any transaction. For example you cannot download content edit elements and sell it in vector format. Content is strictly prohibited from being used where there is the potential for the file to be downloaded, copied in any way or extracted, reinstated or restored by a third party.

2) Any use of the content that is outside these specifications with-in will incur infringement of copyright proceedings.

3) mere making slight changes in the vector would not entitle you to sell the images 
Ajay Sethi
Advocate, Mumbai
23296 Answers
1220 Consultations
5.0 on 5.0
1. There is no percentage quantified by the law when it comes to modification. All depends on the original image and the modification introduced by the person.

2. As I said before, show the images to a lawyer,
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
As far as logos go, most licensing agreements will NOT let you use a stock purchase of any kind in a logo or anything that is trademarked. Because the person that created the original piece of artwork owns the rights and your purchase is packaged with very specific usage rights. That photography site or the place you are purchasing this piece of artwork from has specific requirements as to what you can do and cannot do with it. Anything that is able to be trademarked requires that you own the legal rights to it – it belongs to you and you can do whatever you want with it. That is not the case with stock purchases.
To sell the copyright material without the permission of the person/institution holding the copyright is an offence under the Copyright Act which carries imprisonment.
You can approach the seller to buy back the product from you, if he refuses to buy back then you may seek his approval to sell the stock to the willing buyers from your side directly. 
Do not risk yourself by indulging in a direct sale since the product is trade mark protected and is shielded with copy rights law. 
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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1.)If i made slight changes in the vector then can i sell the images.

Any resemblance to original product may draw an adversity and the original vendor may jump inside with legal actions.


2.)How much % of the vector should i change to sell the image.
for example : consider the vector  is 100%. what is the % should i make change in the vector such that i can sell the vector. (change may be like design , color, etc)

You cannot make any changes in the vector on your own which will again draw the ire of the original vendor who is protected by trademark laws on the product he sells.





3) what are the terms should i write on my website.

There is no question of any terms for selling the product when you are not entitled to sell them, do not risk the subject matter since the lapse in your part may attract criminal law , be watchful.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0

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