Licensing Language - DPChallenge Forums

Canon EF 24-105mm f/4.0L IS

11/19/2012 01:07:09 PM · #1

For those of you that ever find yourself in a situation where someone wants to license an image from you, feel free to use the following as a starting point. Even though it was approved by my attorney, you might want to run it by yours, first.

This was for a request for one high-res image and four low-res images for use with a press release. The images had been shot for another client, but since I license my images to my clients and retain the copyright, my clients cannot distribute the images except as allowed by their license agreement. Of course, I would not re-license images without permission from the original client, or if such re-licensing was in violation of any agreement, contract, or embargo that was already in place!

"Greetings, [licensee contact person]!

As we discussed, [your business name here] will deliver the following images:
[itemized list of image filenames here].

Delivery will be made upon
1) return acknowledgement to this [email, letter, document],
2) payment of [$xxx.xx], and
3) declaration of:
your title and contact info, and
your legal ability to make such commitments on behalf of [Licensee].

Here is the simple, straight-forward licensing:

[Licensee] is granted an editorial license to include the hi-res image [image file name] with a press release related to [release topic] in any format this may take (print or digital).

[Licensee] is granted an editorial license to include the low-res images [image file name list] in an online gallery that accompanies the aforementioned press release.

[Licensee] may not remove or alter the IPTC or EXIF data embedded in any of the images. The low-res images have been optimize for the Internet; however, if [Licensee] needs to manipulate or size the images, they may, as long as the published images retain the delivered IPTC and EXIF data, which includes the following rights usage statement:

"All rights reserved. Unlimited, perpetual, non-transferrable license for editorial and marketing usage granted to [original client]. Editorial license granted to [Licensee] for inclusion with a press release related [release topic]; any additional uses by [Licensee] will require additional licensing. Third-party publishers may republish content produced by [original client] that incorporate this image. This image may not be included in a stock library. Low-resolution versions of this image may be displayed on the Internet on non-commercial, non-editorial websites. For commercial or editorial usage, please contact [your email] or call [your name] at [your phone number] first. Without prior written permission, unauthorized usage is considered a punishable copyright infringement. Thank you for respecting our intellectual property rights."

[Licensee] may not use these images on any other pages on their website, nor include them in any marketing material, nor distribute these images in any media without first obtaining additional licensing from [your business name].

[Licensee] agrees to be bound by Copyright Law of the United States of America.

If you have any questions or need any clarification, just let me know.

Best regards,
[your name]"

robs

Canon EOS R6 Mk II

11/19/2012 01:30:16 PM · #2

Thx for the info.... I don't know this stuff but two comments/discussion points come to mind and I'm just curious :-

- Does the state matter in this case?
- Do you think a forced arbitration by a 3rd party would be worth adding to avoid a court (I know it's a small chance but that's why all the words are there anyway)? I see the credit card companies all putting that in their clauses and they ain't doing that for my protection :-)

Spork99

Canon EOS M6 Mk II

Canon EF-M 22mm STM Lens

11/19/2012 02:06:00 PM · #3

I would add a clause about licensing being contingent upon payment. That way, if they drag their feet writing the check, their use becomes infringement.

11/19/2012 08:09:27 PM · #4

Originally posted by robs:

- Does the state matter in this case?
- Do you think a forced arbitration by a 3rd party would be worth adding to avoid a court (I know it's a small chance but that's why all the words are there anyway)? I see the credit card companies all putting that in their clauses and they ain't doing that for my protection :-)

i don't know...that might be something to ask an attorney ;-)

Originally posted by spork99:

I would add a clause about licensing being contingent upon payment. That way, if they drag their feet writing the check, their use becomes infringement.

that definitely makes sense if you have delivered before getting paid. in this instance (and in the language put forth here), delivery is contingent on both their agreeing to the terms and making payment.

Spork99

Canon EOS M6 Mk II

Canon EF-M 22mm STM Lens

11/19/2012 09:33:33 PM · #5

Originally posted by Skip:

Originally posted by spork99:
I would add a clause about licensing being contingent upon payment. That way, if they drag their feet writing the check, their use becomes infringement.

that definitely makes sense if you have delivered before getting paid. in this instance (and in the language put forth here), delivery is contingent on both their agreeing to the terms and making payment.

Lots of times, designers will want something for their comp, so you can deliver the work to them so they can work with it without giving them license to use it until you get paid.

Olympus 14-54mm f/2.8-3.5 Zuiko Digital Zoom

11/19/2012 09:44:23 PM · #6

Originally posted by Spork99:

Lots of times, designers will want something for their comp, so you can deliver the work to them so they can work with it without giving them license to use it until you get paid.

good point!

MQuinn

Olympus OM-D E-M1

11/20/2012 01:18:00 AM · #7

Very good write up Skip!

theduke-nz

Canon EOS-7D

Canon EF 70-200mm f/2.8L IS USM II

11/24/2012 08:36:23 PM · #8

hi
ive been reading this forum for months, but never posted.

First up, thanks skip, i find your posts on the bussiness side of photography very helpful. Im just starting out professionally, and i get a bit baffled when a news paper or pr company call and ask about getting one of my images.

Anyway, that aside, i might be able to add to the point raised above, about designers needing the images while editing their layout before paying for the shots. Recently i had this exact request. I sent them watermarked low res shots, about 20 all up. From their they designed their spread in a magazine, and then asked for the unwatermarked, hi res versions of 5 of them. From there, we negotiated the terms.

Ive only been thru this process once, so im no expert, but hopefully that helps someone.

Cheers

theduke-nz

Canon EOS-7D

Canon EF 70-200mm f/2.8L IS USM II

11/24/2012 08:36:23 PM · #9