Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How long had you been working with this wholesaler and using their images, prior to the introduction of the new Image Declaration, which they are now asking you to sign?
Hi there David. No problem at all and thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.
Many thanks for your patience. The clause you have been provided with can indeed be legally binding and enforceable because they would own the copyright of the images and would have the right to decide how they are used or If permission for their use is withdrawn. They do not legally have to give you notice of the withdrawal of such permission so if necessary it can happen immediately.
What you could potentially do is take images of the products yourself and have these ready to use as a replacement I necessary. They will have the right to withhold permission for the images they have supplied, but you are still free to take your own images of their products and use these for marketing purposes.
You also have to think what is in it for them to revoke such permission. Whilst they may do so, it can irrevocably damage the relationship between you and them and they could lose business as a result. I think this agreement is there to try and deal with these rogue traders who use the images for unauthorised purposes so if you are not one of them I do not see this being an issue, even if it potentially affects your business by having it in place.
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you are most welcome, all the best