The linked article from PDN details a law suit filed be a collector against Egglestone, et al over the making of additional prints. See the article here.
Several issues are raised. Did William Egglestone violate a contractual agreement or did the collector make unreasonable assumptions about the rarity of what he was buying or what license the photographer had in reproducing his work in the future. I am not familiar with New York law on this subject. What this really start to address is the role of the "limited edition" in photography.
Limited editions came about with print makers where the plate deteriorates over time. Theoretically, the plate is cancelled when it deteriorates to the point where the later prints are distinguishable from the earlier prints. In recognition of this distinction, earlier numbered prints were frequently higher price that those that were pulled earlier, even if one couldn't tell the difference.
The concept of the "limited edition" has crept over into the photography world. One fine art photographer prints, say ten platinum prints, at the same time. All are identical but he prices those that have lower number higher than those print with higher number. As a collector, you have the choice of purchasing a print and paying on the basis or the number. Give me a break!
In the interest of full disclosure, I don't number my prints. As an artist I reserve the right to print what I want, how I want, in whatever size or number without restriction. I tell folks who are interested in one of my prints that they should buy the one they see because there is no guarantee that I will ever print it that way again. Besides paper changes, ink changes, and printer changes to say nothing of my opinion of what the image should look like. The three images above demonstrate how I may modify the same image to create three different images.
Many "limited edition" statements are no narrowly defined that the slightest change constitutes a different edition. I have seen statements that limit the edition to prints of exact dimensions. Any deviation from those dimensions is permitted and becomes a different edition. Sometimes the edition is defined by the paper on which it is printed. I have seen ads for "limited edition" prints where the number printed will be limited to those placing orders for the print before a certain date.
The message here is not for those who create limited editions but rather those who purchase them. Understand what you are buying.
In this specific case, it's possible that the collector's prints will actually appreciate since they are dye transfer prints. Dye transfer prints are rare and no longer produced.
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