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How to sell?
Nothing could be easier. You just have to create an account, fill in your profile and upload your photographs in digital format. A few minutes and here you go!
Are the photographs selected?
ArtPhotoLimited is an artworks selling website. Consequently, we give a specific care to making sure the photographs offered by the photographers are artworks.
ArtPhotoLimited is hence restricted to professional photographers. Thus we will ask you, at the time of your registration, to provide the name of your company and your Siret number. Use the company that will issue the invoices to the clients.
Before becoming visible to the clients, the creation of your gallery must be validated by our Director of photography.
Furthermore, each time a new photograph is added, only ArtPhotoLimited is able to refuse to put up for sale, to remove from sale, to ask the Photographer not to put up for sale an artwork or another.
What are the print sizes available?
On ArtPhotoLimited, you can sell your photographs with the following aspect ratios :
However we accept photographs with an aspect ratio having a gap of less than 8% with one of the ratios above. In this case, our algorithm resizes automatically the photograph to the closest format.
For each of these aspect ratios, we offer different print sizes, from small (30 x 20 cm) to large format (150 x 100 cm). All the formats available can be viewed on the page
What are the types of file accepted?
On ArtPhotoLimited, we accept JPEG and RAW files.
How much will I earn from each sale?
It's very simple. Each photographer is free to set the selling price tax inclusive of the photographs, not including printing, framing costs and logistic expenses. For each sale, ArtPhotoLimited will take a commission of 50 % on the selling price. Hence at each sale, the photographer gets 50% of the selling price set by him/herself.
The printing, framing and delivery costs are paid directly by the clientscustomers, in addition to the selling price tax inclusive defined by the photographer.
Who takes care of the income tax return for the incomes perceived by the photographers?
The Photographer, whatever his/her status and tax system, takes care alone of the income tax return resulting from the possible sales revenue made in case of a sale, and will integrate by him/herself these revenues in his/her accounting. ArtPhotoLimited does not undertake any administrative obligation linked to the accounting of the Photographer.
In accordance with article 87 of the law n°2015-1285 of 29 December 2015 (Finance law), the Photographer is notified that ArtPhotoLimited could have the obligation to provide the fiscal administration with a sales record issued from the platform.
How does the payment work?
ArtPhotoLimited works with a reliable provider to manage the payment between the client and the photographer.
Once the purchase has been made, and after the 14 days of the legal right of withdrawal, the photographer will receive an amount corresponding to the selling price tax inclusive that he/she has set his/herself (not including the printing, framing and delivery costs), less the 50% commission tax inclusive of ArtPhotoLimited.
However, in order to limit the administrative costs, a balance of less than 50€ tax inclusive would be postponed to the following month during maximum 3 months. In case of the closure of the account upon request of the Photographer, the amounts owed to him/her would be at all events paid, whatever their importance.
Is it possible to cancel an account?
At his/her convenience, the photographer can put an end to his/her registration through the Photographer interface. The following closure of the account will be effective within 72 hours after the termination request made by the Photographer.
On its side, and at its convenience, ArtPhotoLimited has the possibility to cancel the registration of the Photographer by a 1 month notice starting from the date of dispatch to the Photographer of a registered letter with acknowledgement of receipt notifying the termination.
In the event of a termination by either Parties and for any reason, all the amounts owed by the Photographer at the effective date of termination are payable immediately. The Photographer looses his/her quality of Photographer and consequently :
Who is responsible for the numbering of the artworks?
The Photographer is solely responsible for the distribution of his/her artworks and consequently, it belongs to him/her not to make available print numbers that would have already been sold elsewhere, by avoiding any duplicate entry or confusion regarding the number of artworks sold.
The Photographer will therefore be careful to only put up for sale the prints of which the numbers have not been sold yet, and will bear the full responsibility of following up his/her sales.
What are the rules regarding the photographer's copyright?
The Photographer commits to not offering for sale photographs of which he/she would not be the author, or on which third parties would detain copyright.
The Photographer guarantees ArtPhotoLimited against the consequences of any claim or legal action resulting from the use of a counterfeit artwork.
In the event of a claim or a legal action, ArtPhotoLimited reserves the right to suspend totally or in part the account of the Photographer.
The Photographer will undertake the cost of the possible sentences against ArtPhotoLimited resulting from counterfeit, if counterfeit is proven, and mainly the interests and legal fees. ArtPhotoLimited also reserves the right to assert its own prejudice, provided it proves the importance of this prejudice.
In case of a dispute related to third parties copyright, the amounts owed by ArtPhotoLimited to the Photographer will be temporarily kept in order to be used as compensation in case of a sentence. ArtPhotoLimited reserves the right to delete from the sales area all or part of the Photographer's photographs until complete resolution of the dispute (amicably or judicially).
ArtPhotoLimited commits to ensuring the protection of the photographs put up for sale on the website, and mainly :
Subject to the respect of these conditions, ArtPhotoLimited will not be liable for any unauthorized use made by third parties.
Is ArtPhotoLimited authorized to use my photographs to promote its service?
Yes, in order to ensure the success of ArtPhotoLimited, it is essential for us to be able to reproduce, for the only purpose of communicating around and about the website, and to increase the number of visitors and hence the sales opportunities, the photographs available on the platform.
These reproductions could be made digitally (website, social networks, emailing, display,...) or in print (flyers, point-of-sale advertising, etc.). In case of a digital use, ArtPhotoLimited commits to featuring each time it is technically possible a direct link to the Photographer's space in case a reproduction of one or several of his/her artworks is used.
In any case, the name of the Photographer will be mentioned legibly on or beside each reproduction.
When the Photographer puts online artworks featuring one or several recognizable person(s), he/she will make sure to have the authorization, in accordance with the law, the jurisprudence or a contract concluded with the person in question, to sell the prints in the form of artworks.
The Photographer shall bear full responsibility of such a sale.
ArtPhotoLimited reserves the right to accept a photograph only if the Photographer provides an authorization signed by the person in question, and covering the uses considered on the website.
The Photographer will guarantee ArtPhotoLimited against all the financial consequences of a sentence in this respect, mainly the interests, legal fees, besides the possible prejudice personally caused to ArtPhotoLimited, provided it proves the existence and the importance of this prejudice.
In case of a dispute related to model release, the amounts owed by ArtPhotoLimited to the Photographer will be temporarily kept in order to be used as compensation in case of a sentence. ArtPhotoLimited reserves the right to delete from the platform all or part of the Photographer's photographs until complete resolution of the dispute (amicably or judicially).
Is it possible to sell as a photographic print (in limited edition or not), a picture that is already distributed by an agency? On the opposite, is it possible to give for distribution to an agency or another distributor a picture that is already been bieng being sold as a photographic print?
In principle, it is totally possible to combine both forms of exploitation of the same photograph : rights management on one side, for example through a photographic agency, press agency or a client who would use the image for his communication, and on the other side the selling of physical fine art prints, either through an exhibition on site, or through online platforms.
Nevertheless, we have asked the opinion of a professional. You will find below the answer of Me Joëlle Verbrugge, author of the book « Vendre ses photos » (« Sell your photographs », KnowWare publishing, July 2015) and of the blog www.droit-et-photographie.com to whom we have submitted the issue and who gave us the authorization to communicate her answer.
The answer to these questions is yes!
These two ways of exploitation of a photograph should not be mistaken :
The two forms of exploitations are governed by different rules, and are not mutually exclusive.
The only limits that the photographer should keep in mind are usually the ones resulting from his/her personal status and which trigger restrictions and consequences in social and fiscal terms.