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CONTRACTS
Can a client resell my work?
A client can only resell your work if their contract or licence explicitly grants resale or sublicensing rights, since a standard usage licence covers the client's own use, not onward sale to third parties. Without that clause, reselling the work is a breach of the licence and a potential copyright infringement, regardless of whether the client paid for the original commission.
What a standard licence actually permits
Most freelance and commission agreements grant a licence limited to specific, named uses: a logo for a client's own branding, a photograph for a client's own marketing, an illustration for a client's own product packaging. These licences are for the client's use, not for the client to license or sell the work onward to a different business or the general public as a standalone product.
The clause that would allow resale
Resale rights require an explicit sublicensing or resale clause, or a full copyright assignment. A sublicensing clause would read something like 'client may sublicense the work to third parties for the following purposes,' naming the scope. Without this language, a client attempting to resell stock use of your photograph, license your illustration to another company, or repackage your design as a product they sell is exceeding their licence.
Common situations where this comes up
Stock photography and illustration are the clearest example: a client who buys a single-use licence for a website banner has no right to relicense that image to another company or include it in a resold template pack. Product design work runs into this often too, where a manufacturer commissions a design for one product line and then tries to apply it to an unrelated product range or license it to a third-party manufacturer without additional payment or permission.
What to do if you discover unauthorized resale
Check the original contract's scope of licence first, since the answer depends entirely on what was actually granted. If resale exceeds the licence, a cease and desist letter citing the specific clause is the usual first step, followed by a claim for the value of the unauthorized use if the client does not stop or compensate you. Courts and licensing bodies generally calculate damages based on what a proper resale or sublicensing fee would have cost, so document your standard rates.
KEY FACTS
- 01A standard usage licence covers the client's own use, not resale to third parties.
- 02Resale requires an explicit sublicensing clause or a full copyright assignment.
- 03Stock and product design work are the most common areas where unauthorized resale occurs.
- 04A cease and desist letter citing the licence scope is typically the first enforcement step.
- 05Damages for unauthorized resale are usually calculated against your standard licensing rates.
FAQ
Does a full copyright assignment let the client resell freely?
Yes, once copyright is fully assigned, the new owner can generally resell, relicense or repurpose the work without further permission.
Can a client sell physical prints of a commissioned illustration?
Only if the licence covers reproduction and sale, which most standard use licences do not include by default.
What if my contract is silent on resale entirely?
Silence favours the creator: courts generally read licences narrowly, so unaddressed uses like resale are not assumed to be included.
Is charging extra for a resale or sublicensing right normal?
Yes, it is standard practice to charge a separate fee for expanded rights like resale, since it multiplies the value the client extracts from the work.
LAST REVIEWED 01 авг. 2026 г. · РУССКИЙ