Can I upload content someone else created?

When you joined Stocksy, you agreed to the Member Agreements (member agreement & supply agreement). Section 4 of the supply agreement outlines the promises you make as a member, including the promise that “the Member is the sole and exclusive owner of all Content...and of all right, title and interest (including copyright)...” What that means is that you may not upload content unless you hold copyright.

When you are the artist, you automatically have copyright in the content you yourself create. If you are uploading content made by anyone other than yourself, unless you have taken specific steps to ensure you hold copyright, you probably don’t. Uploading such content is a violation of membership terms and may jeopardize your continued membership at Stocksy. We want you to succeed and stay members, so if you have questions or concerns about the content you upload, please reach out, and we can help you determine what protections and documents you should have in place.

If you want to work with other artists, there are ways to make that work--ideally, by producing content with a team under a work-for-hire agreement. This is Stocksy’s preferred method for teams of artists and producers. Work for hire means that the entity or account owner acts as the producer of a shoot and hires others to help create the content under a work-for-hire agreement. Those helping create content should be paid fairly upfront (as opposed to payment based on sales). All work created in this manner ensures the producer holds copyright and is ok to upload to Stocksy.

Work for hire cannot be applied to already-created content. Assignment of copyright is sometimes a viable option but much less preferred. Any assignment must be for all time, and the original creator will lose all rights in the content. We at Stocksy would much rather see those artists apply as members in their own right so they may take full advantage of what we offer our members. That said, copyright assignment may be a useful tool if you create content with a partner (romantic or artistic). While risks are small while creating content with an intent to upload together, a partnership split or breakup creates risk that you can prevent in advance.

If you work with other artists, we may ask for the names and contact info of those artists and/or proof of your legal agreements with them. And, again, please reach out to us with any questions--we are here to help.