Types of Image Licenses
An Exclusive Licence is a licence which is in writing and signed by the Copyright owner. An exclusive licensee has smiliar rights to the owner of copyright, and may take legal action for infringement by third paties.
A Non-exclusive license offers the rights for reproduction or illustration of your work but at the same time, it also maintained the same rights for yourself.
Permission may be implied from the circumstances. However, it can be difficult to assess whether a license is implied or not as it will always depend on all the circumstances.
Standard Terms and conditions for assignment photography
For the purpose of this agreement "the client " shall where the context so admits include their respective assignees, sublicencees and successors in title. "photographs" means all photographic material furnished by [Insert Name] whether transparencies, negatives, prints or any other type of physical or electronic material.
The copyright in the photographs is owned by and retained by [Insert Name] at all times throughout the world. The Client agrees that [Insert Name] is the sole author of the photographs.
3. Licence to use
The Licence shall be for the territory time and use as agreed and shall come into effect from the date of payment of the relevant invoice(s). No use may be made of the photographs before payment in full of the relevant invoice(s) without [Insert Name] express permission in writing. The Licence only applies for the use as agreed and does not include any form of electronic or other storage. The Licence cannot be transferred without [Insert Name] express permission in writing.
4. Photographers promotional use
Where an exclusive licence is granted, [Insert Name] will at all times retain the right to use the photographs in any manner and in any part of the world for the purpose of advertising and promoting his work.
5. Ownership of materials
Title to all Photographs remains the property of [Insert Name]. When the Licence has expired the photographs will be returned to [Insert Name].
6. No Alteration
No alteration or manipulation of the image may be made with out the permission of [Insert Name]
7. Clients materials
The Client accepts full responsibility for any materials that they supply for use in the photographs and that the materials are adequately insured against loss, damage or liability.
Payment by the client will be required for the right to use the photographs as provided within 14 days of the issue of the relevant invoice. Late payment fees will become applicable for any unpaid money after that time. Where the work is estimated to exceed $5000.00 inc materials, payment of 30% of the estimated total will be paid before the work commences.
[Insert Name] shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of the photographs or other use by the client. The client shall indemnify [Insert Name] against any claims and/or damages against him as a result of the clients use of the photographs.
10. Client Approval
If the client is not present during the actual photography sessions then [Insert Name] interpretation of the assignment will be accepted. Unless a rejection fee is agreed in advance then there is no right of rejection.
11. Cancellation and postponements
Once [Insert Name] has been commissioned, The Client is responsible for payment of all expenses incurred up to the time of cancellation and will be entitled to charge a fee for cancellation or postponement at his discretion.
12. Right to a credit
[Insert Name]'s name will be printed in reasonable proximity to all published reproductions of the photographs unless agreed otherwise prior to the work commencing.
The photographs are an original work and [Insert Name] will not archive copies of the photographs unless specifically requested in writing prior to the work commencing. Each photograph is unique and does not have an exact duplicate and may be impossible to replace or recreate.
14. Client Confidentiality
[Insert Name] will keep confidential and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of the photography save as may be reasonably necessary to enable him to carry out the work.
These terms shall not be varied except by agreement in writing.
16. Applicable Law
This agreement is governed by the Laws of New South Wales.
If you require a PDF version of the Sample Image Licenses, Please contact me.