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Image Usage Licence
Old 08-20-2005, 09:52 PM   #1 (permalink)
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Hi folks,
I don't suppose anyone has a usage licence contract kicking around that they would care to share?
I'm trying to write one up, but it all sounds like legal caa caa. I've got a meeting with a client tommorrow and I want to have some sort of proposal in hand when I show up. We've been dancing around actually signing something for a while now, so I need to start putting things on paper.
I want something straight forward and simple, but I can't seem to make that happen. I'm making it sound way too complicated.
I must have watched too much Law and Order or something.
Can anyone help? [img]/ubbthreads/images/graemlins/confused.gif[/img]
Thanks
Big

I would be oh so happy![img]/ubbthreads/images/graemlins/grin.gif[/img]
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Re: Image Usage Licence
Old 08-21-2005, 03:11 AM   #2 (permalink)
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First of all, even in Canada I think they spell it "license"! [img]/ubbthreads/images/graemlins/grin.gif[/img]

You are right in wanting to make it simple, but you need to protect yourself as well. The thing is, be as specific as you can in what rights you are licensing the images for, and limit it as much as possible.

Here's an example of language I recently used for a magzine layout on Cindy Margolis:

License granted for use of assorted images of Cindy Margolis in glamour studio setting. For use in one issue of Glacier Magazine only, and related promotion and web use in connection with story about Cindy Margolis.

In this case, note that I defined WHICH images, and specificed that they ONLY be run in ONE issue of the magazine, and DID give them permission to use the photos to promote the issue, which thereby eliminates them from being re-purposed into an unrelated ad or magazine topic. And all in two sentences.

Here's an example of licensing images for a calendar. This is one of those promotional calendars you see hanging in a machine shop or such:

Stock Photo License - One-time advertising specialty calendar rights, only for Swimsuits 2007 Calendar - images TBD. Terms per Purchase Agreement.

This is a long-time client and they have their own language in a Purchase Agreement (not specific to licensing or this product) that goes with every license. I use "TBD" here because they're sending me an advance before they select the images. Once they've made their selections, I'll replace the "TBD" with my 4-digit set numbers. Again, notice the word "one-time" - they're not buying them forever, only for this one year 2007 calendar. Also, since I use the word "Stock" it is clear to all that this is not an assignment, and the images will continue to belong to the photographer. (There is a seperate Delivery Memo that accompanied the submission of the film, which clarifies when the film must be returned by).

Now, these licenses are part of my invoice, where I specifiy the fee as well. I also have boilerplate language on the bottom of every invoice that says:

Reproduction rights are transferred only upon photographer's receipt of full payment of this invoice and subject to all terms and conditions on reverse side. Only rights described above are authorized.

As noted, I have extensive legalize on the back on my invoices, which I got courtesy of the Advertising Photographers of America standard forms file. I'm sure similar language can be obtained from photography books, or you can join APA or its Canadian counterpart to access the info (some of the info is different for Canadians). You could also visit some of these websites to possibly find more examples, and (under the Trade Groups section, find links to Canadia trade groups): http://www.editorialphoto.com/resources/


Hope this helps, let me know if you need more.

Regards,
Andy Pearlman
Andy Pearlman Studio
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Little known facts about Canadian Copyright Law...
Old 08-21-2005, 07:21 AM   #3 (permalink)
Art
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As the law is written, the client that commissions and pays a photographer in Canada owns the copyright, NOT the photographer, so no license is required. If you want to use the images, then you will need a usage license from them.

Many people, including most Canadians, don't know this and so many clients have consequently 'waived' their rights away in a contract by a discerning photographer who includes copyright waiver language. Many clients sign such a contract since they believe it's the normal thing to do.

Regards, Art.
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Re: Image Usage Licence
Old 08-21-2005, 10:55 AM   #4 (permalink)
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A great resource for Canadian Business practices: Capic Business practices

grs
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Re: Image Usage Licence
Old 08-21-2005, 11:39 AM   #5 (permalink)
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Andy,
Thank you for your superb input, as always.
I was hoping your were clicking around somewhere.
What you have given me is exactly what I was looking for, concise and to the point.
I will most certainly use your verbage.
Thanks again.
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Re: Little known facts about Canadian Copyright Law...
Old 08-21-2005, 11:46 AM   #6 (permalink)
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Art,
You have been doing your reading on Canadian copyright law, that is for sure. You are correct, but that doesn't apply to me in this situation.
I have been working with a model for over a year now shooting basically "on spec" because I knew someday it would pay off.
Well, now it has. A group of investors wants to purchase usage of the images I created. I wasn't paid for the sessions, it was a TFCD arrangement with all of the necessary releases signed, so I do indeed own the copyright.
Now, from here on out because of the relationship I have nurtured with the model, I will most probably continue working with her on a shoot for hire basis, and yes, then the copyright will be owned by the client paying for the images.
Thanks for everyone's input on this one. Much appreciated.
Take care,
Big
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Re: Image Usage Licence
Old 08-21-2005, 11:49 AM   #7 (permalink)
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Glenn,
Thanks for the CAPIC link, I already had it bookmarked (somewhere), but I'm glad you referenced it, I added it to the "photography reference" bookmarks where it will stay.
Take care,
Big
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