Can I prepare and sell purchased photographs?

I have an old 2023 calendar to hang up with very beautiful large photographs of nature.
I think it's a shame to throw them away.
I would like to cut out the pictures and fit them with frameless picture frames to keep my favorite and sell the other 11 (eBay, classifieds, etc.)
Would this be illegal? And if so, why?

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Uneternal
1 year ago

Because in principle you only sell the calendar, I think that’s legal. You could also resell the complete calendar on Ebay, even if you don’t have the right to the pictures. You only sell the physical medium and do not reproduce for which it would need a license.

Uneternal
1 year ago
Reply to  skrrrth
  1. As you said, you don’t need a license. The VK also has no, it sells a product that he purchased from the manufacturer.
  2. In Germany, you should always adhere to the following unwritten law: Where no plaintiff, as no judge. It’s totally unlikely that you’re reporting to the business office because of a little “production.”
GammaFoto
1 year ago

Since you only use a traveling material calendar here and the individual pictures there is no concern that you do something wrong with it. But of course, what you should not do would be to copy the pictures and then sell them several times because you would violate copyright. But as long as you use the printed sheets you already own, that is not a problem

GammaFoto
1 year ago
Reply to  skrrrth

The one who sold me the calendar has the license to sell it? I don’t think I’d have to get a license, would I?

No, you don’t need a license to sell a physical thing. Licences are copyright, that is to say something intangible, and this is about Use of copyrighted material. For example, if you want to show a picture on a website or want to mix music under a video. You need a license. But to sell a finished product you don’t need a license anymore, which had the one who produced the calendar.

This is basically nothing else like a movie on a DVD or BluRay or music on a CD or record… The work itself (film, music, images and texts, etc.) is subject to copyright, but this is about the need for a license here for reproduction, etc. But if the DVD is made or the music on the CD or on vinyl, then it’s just an item and it’s of course also possible to sell it and sell it further

Do I have to display the profit of these images commercially? It is self-sale, but with the intention of winning. 12 frames I would have to buy

basically: actually yes… But that is not a lasting win-making intention, but only one unique Good thing. If you do this more often, then of course you are obliged to sign up for a business and therefore also to tax your profits, but your sales will hardly be too high. Of course, you could ask a lawyer or tax adviser (you really would have to) because only the ones are allowed to advise you in legal and tax matters), but then you would have to spend a lot of that on how you will take the sale of a few pictures.
I would also compare this with an example: if you bought something a couple of years ago, which is rare and in demand today, for example some U-Ei figure or some rare sneaker or otherwise a collector’s item, then you’ll also make a profit, but that’s your luck if that’s so much worth it and there’s nothing to be used for a single sale, just as long as that doesn’t happen more often… If you clear out your cellar one time and sell some old stuff, and there’s one or the other valuable thing that should still be private. If you drive through the area and are actively looking for old things in bulk, in flea markets, in household solutions, etc., and then they are constantly selling then that’s something else and you do it commercially. The limits can, however, also be fluid

fanclub75
1 year ago

each calendar, or each calendar photo, has already been rewarded by the manufacturer of the calendar with a license fee for the copyright/photographer, which you have contributed to the end price for the calendar.

the resale of the calendar or individual sheets does not violate the copyright law, provided there are no copies.

Auraweltda
1 year ago

The frame and hanging to the wall at home is not a problem, but marketing itself…with photographer and in such a case would turn on the lawyer…

Auraweltda
1 year ago
Reply to  skrrrth

Whoever created a work decides how to use it. This may even apply to especially original tweets, i.e. status messages on social networks and images.

Take a picture of Coka Cola’s webpage and you’ll get to know the legal department…

Auraweltda
1 year ago
Reply to  skrrrth

He changes it, but you can’t… if you sell it this way, without change it’s okay…

so selling the old calendar is ok…to separate the pictures and so don’t sell…

There’s probably nothing going to happen… but if it gets expensive…

GammaFoto
1 year ago
Reply to  Auraweltda

Your lawyer would send you home again, because no law would be violated.

GammaFoto
1 year ago

Whoever created a work decides how to use it. This may even apply to especially original tweets, i.e. status messages on social networks and images.

Take a picture of Coka Cola’s webpage and you’ll get to know the legal department…

you confuse here, however, a use or exploitation according to copyright with the trade of an existing material object and thus you are wrong

miezepussi
1 year ago

You’d have to get the right to the pictures.

GammaFoto
1 year ago
Reply to  miezepussi

no, because there is no copyright relevant use or recovery

miezepussi
1 year ago
Reply to  GammaFoto

what do you think of selling the pictures? If someone would make money with my pictures, I would “transmit” my copyright.

GammaFoto
1 year ago

no, there is nothing “changed”… the picture is and still remains the same

miezepussi
1 year ago

For me, this is a change with the frames. Of course he can sell the calendar. But maybe I see it too tight.

GammaFoto
1 year ago

Your copyright has barriers. You have copyright regarding the use or use of your images. But not on the already allowed material reproduction of your image!
If someone printed a calendar then there was a permission for it! And of course, the calendar was also printed with the meaning and purpose that it is sold. Otherwise, you could not have bought the calendar from the dealer, so it was sold anyway (from the dealer and before it could still be sold by the wholesaler and before even by the publisher who printed the thing) and of course you can also sell its material property accordingly.
Otherwise you could hardly buy or sell anything you own! Other objects are also subject to various rights, such as design or patent law, etc. But you have to distinguish between such intangible rights (as well as copyright) and matter ownership on an object. A calendar with pictures (where the images may be subject to copyright) is not much different than the device on which you just read these lines… your laptop or smartphone also has outrageous patents that prohibit someone from simply rebuilding or falsifying the device. But that doesn’t change the fact that you can sell your device if you want it. Because it’s just an object you have the property right. You don’t have to rebuild the device and sell the replicas, but you sell the legal original. Not otherwise in a calendar, you sell only the material, legal originals and you do not reproduce them!

Imagine I’d have inherited a beautiful picture from my grandma, where you can find a carnival below is the “Picasso”… The picture is basically subject to copyright! But of course, I’m still allowed to go to Sothebys and say, “I’m getting a little bit of money.” Because it is the material object that is sold there. But of course, I shouldn’t just take the picture off, print it on T-shirts and then sell it, because that would be a use according to copyright and that would not be allowed accordingly. You have to distinguish it!