usage rights - headshots - DPChallenge Forums

Nikon AF-S Nikkor 17-35mm f/2.8D IF-ED

01/16/2013 01:37:05 PM · #1

i have lined up a few high school students who need head shots for their acting portfolios and college/art school applications.

so, i need to modify my usage agreement to accommodate their needs. i want to allow them to take my digital images and print them as needed for that use, i however want to restrict their ability to use them, say if they became famous or let someone else get them and use them on a website to promote something, for instance if a theater hires them and they use the headshots i provide to advertise a production.

so a few questions:

1. how do i say this in legal speak (yeah yeah, i know i need a lawyer)
2. is this what is typically done? if not, what is typically done for these types of shots?

MarkB

Canon EOS-60D

Canon EF 50mm f/1.8 II

01/16/2013 02:08:07 PM · #2

I'm not a lawyer but I think something as simple as below may work...

Usage is limited to individual portfolio and application use only. Commercial use is explicitly prohibited unless negotiated under a separate usage agreement.

Marc923

01/16/2013 02:34:01 PM · #3

Iâ��ve done quite a few headshots with theater students. I used to be really involved in Boulder community theater. Lots of students would come through.

When we did a shoot, the deal was they would pick 3 shots and Iâ��d edit those and give to them on a disc for printing as needed. I always had them sign a model release so that I could use for my portfolio and webpage. Then Iâ��d give them a release allowing them to print and use for their websites, Facebook, IMDB (if they ever got that far), etc. I was never worried about anyone becoming famous and others using the pictures. Just not that big a deal for me. I got paid and everyone was happy.

The release was real basic saying that I as the photographer give them permission to print and use and it would have my name, phone number, webpage and signature. I would tell them if they had any problems with getting them printed to have the printer call me and I would confirm that they have the right to have printed.

But I do know that most serious actors get headshots done about every year. So by time theyâ��re famous they probably wonâ��t be using the old ones that much.

tanguera

Nikon D750

01/16/2013 02:34:25 PM · #4

Where do you live/work? In LA, it's a fee situation without any of those limits. I don't think it would hurt to add that language, but to my knowledge, nobody here does it.

Marc923

01/16/2013 02:37:05 PM · #5

I should mention that quite a few theaters will put the actors headshots in the lobby. Those that are in the show that is. But that is implied as part of the deal when you do them.

Message edited by author 2013-01-16 14:38:23.

Canon EF 300mm f/2.8L IS USM

01/16/2013 08:26:11 PM · #6

thanks for all the feedback.

Skip

Canon EOS-1D X

01/17/2013 12:35:49 AM · #7

Message edited by author 2013-01-17 12:15:29.

Skip

Canon EOS-1D X

Canon EF 300mm f/2.8L IS USM

01/17/2013 12:15:13 PM · #8

fwiw, i'm moving to a list-based format, rather than a paragraph/sentence format for my licensing. it leaves less to the imagination. following is an example:

All rights reserved.
Licensor: Skip Rowland Photography, Inc.
Licensor Phone: 804.555.1212
Licensor Website: www.skippix.biz
Licensee: Joe Spags
License Start Date: 2013-01-17
License End Date: 2014-01-16
Image Type: Photographic Image
Image Description: Headshot of Joe Spags
Image Creator: Skip Rowland/Skip Rowland Photography, Inc.
Copyright Owner Name: Skip Rowland/Skip Rowland Photography, Inc.
Credit Line Text: Skip Rowland/Skip Rowland Photography, Inc.
Credit Required: Whenever possible

Usage A:
Media: Advertising | Marketing Materials | Artist's Reference (All Types) | All Electronic Distribution Formats
Size: Digital Publication up to 300x600 | Print Publication up to 10" | Any Size Screen
Duration: Up To 1 Year
Region: Northern America | VA
Language: English
Exclusivity: Non-Exclusive

Usage B:
Media: Editorial | Website | Web Page (Body Content) | Internet Website
Placement: Single Placement on Secondary Page
Size: Up To 300 x 600 Pixels Image | Any Size Screen
Versions: Single Version
Quantity: Any Quantity
Duration: Up To 1 Year
Region: Broad International Region | Worldwide
Language: English
Industry: Publishing Media
Exclusivity: Non-Exclusive

Usage C:
Media: Editorial | Periodicals | Newspaper (All Newspaper Types) | Printed
Placement: Single Placement on Any Interior Page
Size: Up To 1/2 Page Image | Any Size Page
Versions: Single Issue
Quantity: Up To 250,000 Total Circulation
Duration: Up To 1 Day
Region: Northern America | One State Or Province
Language: English
Industry: Publishing Media
Exclusivity: Non-Exclusive

------------------------------------------------------------------------------------------------

you can get as specific as you want.

there are a number of ways to handle this type of thing. you can hire an attorney, you can buy a collection of photography business forms (preferably one on CD), and/or you can research licensing online. i've done all three and have put together my own practice for developing licensing; what works for me might not work for everyone else, though.

one thing i do is to deliver the licensing both with the invoice and embedded in the image. the key is to make sure they understand what they can and cannot do, and that if there are any questions, all they need to do is to contact you.

good luck!

Canon EF 300mm f/2.8L IS USM

01/17/2013 12:28:34 PM · #9

do you include that entire list and just specify which class the usage fall into or do you cut and paste? i like the list format alot, its much more clear.

Skip

Canon EOS-1D X

01/17/2013 12:54:07 PM · #10

Originally posted by mike_311:

do you include that entire list and just specify which class the usage fall into or do you cut and paste?

while i handle licensing on a case-by-case basis, after awhile i found patterns that i could use as starting points. this just represents a single example; it's not intended to be a starting point or ending point. i go through an entire process and sometimes wind up with a LOT, LOT more than just this. there are a ton of terms and variables.

research 'photography licensing terminology', 'writing photography licenses', etc, and you can find some good resources for putting together a process that works best for you. the main thing is to learn the vocabulary associated with licensing and then stick to the standard. it's when people go off the reservation, writing stuff that they read one way but gets interpreted differently by the client (or worse, the courts), that they get into trouble.

Message edited by author 2013-01-17 12:54:40.

GeneralE

Canon PowerShot S3 IS

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

01/17/2013 12:58:02 PM · #11

Some possibly-useful resources:

Legal Handbook for Photographers
The Photographer's Right

Copyright info at Nolo Press (legal books/articles/forms for non-lawyers)

Message edited by author 2013-01-17 12:58:27.

Venser

Olympus OM-D E-M1 Mark II

Olympus 40-150mm f/2.8 PRO M.Zuiko

01/17/2013 01:18:59 PM · #12

Originally posted by GeneralE:

The Photographer's Right

Equivalent for residents of Ontario.