License

General Information for Photography Licenses

Types of Image Licenses

Exclusive Licence

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.

Non-Exculsive Licence

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.

Implied Licences

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


1. Definitions

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.


2. Copyright

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.


8. Payment

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.


9. Indemnity
[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.


13. Archiving

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.


15. Variation

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.

Sample Non-Exclusive License - Photographs

Non-Exclusive licence to use an image

(photography or videography)

 

1.         Parties

 

[Insert name and address of person or company granting the rights (if it is a Company include the ACN / ABN)]

            (the “Licensor”)

 

            and

 

            [Insert name and address of person or company being granted the rights]

            (the “Licensee”)

 

2.         Ownership of copyright

 

            The Licensor is the owner of copyright in [identify the copyright material as    clearly as possible - attach a copy where possible] (“the Work”).

 

3.         Grant of rights

 

            The Licensor grants the Licensee a non-exclusive licence to [insert details of       what the licensee may do with the material (eg: reproduce it on t-shirts)    and, if appropriate, how many copies may be made].

 

4.         Licensee’s obligations

 

            The non-exclusive licence granted in clause 3 is conditional upon the Licensee         ensuring that:

 

            a) the Work is reproduced in full without any alterations or additions;

 

            b) the following attribution and copyright notice appears on all copies of the            Work;

            [insert example of how you would like the attribution and copyright         notice to appear eg: “Work by Joe Brown. (COPYRIGHT SYMBOL) Joe        Brown 1998”] ;

 

            c) the Licensee pays the Licensor [insert details of payment eg: a lump sum   or a percentage of the sale price of the item] ; and

 

            d) insert any other special conditions.

 

5.         Duration of licence

 

            This licence will expire on [insert date].

 

6.         Territory

            This licence is limited to the territory of [insert territory (eg: Australia)].

 

7.         Signature

            [The agreement should be signed and dated by both parties].

 

Sample Assignment of Copyright - Photographs

 

       DEED OF ASSIGNMENT OF COPYRIGHT        (PHOTOGRAPHS)

 

 

BETWEEN

Company Pty Ltd ACN 111 222 333 (the “Assignor”)

AND

Other Company ACN111 222 444 (the “Assignee”)

 

 

 

 

 

DEED OF ASSIGNMENT OF COPYRIGHT (PHOTOGRAPH/S)

MADE THE _________________ DAY OF _____________________________ 20____ .

BETWEEN:

Company Pty Ltd ACN 111 222 333 of 1 Sydney Street Sydney 2000

(the “Assignor”)

AND:

Other Company ACN111 222 444 of 1 Brisbane Street Brisbane 7000

(the “Assignee”).

 

RECITALS:

A.The Assignor is the copyright owner of the Photograph/s described in the Schedule and the Assignor is able to assign the copyright free of all encumbrances and adverse interests.

B. The parties have agreed to enter into this Deed to assign the copyright in the Photograph/s to the Assignee on the terms and conditions set out in this Deed.

 

THE PARTIES AGREE AS FOLLOWS:

1. ASSIGNMENT

1.1The Assignor hereby assigns to the Assignee all of the Assignor’s right, title and interest in the Photograph/s including any copyrights throughout the world and the Assignee hereby accepts such assignment.

 

2. WARRANTIES

2.1 The Assignor warrants that:

(a)  the Assignor is the sole and exclusive owner of the copyright in the Photograph/s;

(b) Copyright under the Copyright Act 1968 (Cth) as amended subsists in the Photograph/s;

(c) there is no current charge, mortgage or encumbrance which in any way secures  the copyright in the Photgraph/s;

(d) the Assignor has not previously assigned, licensed or granted any other right to any person to use the copyright or any part thereof in the Photograph/s;

(e) no third party is the owner of any moral rights under Part IX of the Copyright Act 1968 (Cth);

(f) this Deed is a valid assignment of all his/her/its right, title and interest in the Photograph/s and in the copyright in the Photograph/s.

 

3. UNDERTAKINGS

3.1 Each party agrees to make, do and execute all such other documents, acts, matters or things whatever which may be necessary or desirable to give full effect to the provisions of this Deed.

3.2 The Assignor will provide to the Assignee the Photograph/s in either digital or non-digital format in the manner set out in the attached Schedule either prior to or simultaneously with the execution of this Deed.

 

4. ACKNOWLEDGEMENTS

4.1 The Assignee represents to the Assignor that it/he/she has carried out due inquiries as to the copyright in the Photograph/s and the Assignee has satisfied itself/himself/ herself as to the suitability, fitness for purpose and utility of the copyright in the Photograph/s AND the Assignor gives no warranty and makes no representation in respect thereof and to the extent to which the law might imply any term as to suitability, fitness for purpose and utility THEN the parties expressly agree that all such implied terms are to the fullest extent permitted by law hereby excluded.

4.2  The Assignee acknowledges that it/he/she is not relying upon any representation, undertaking or other statement by the Assignor as to the content of the Photograph/s, how the Photograph/s can be used or as to any other feature of the Photograph/s AND has relied exclusively upon its/his/her own assessment as to suitability, fitness for purpose and utility of the Photograph/s.

 

5. MORAL RIGHTS

5.1 In relation to the Photograph/s, the Assignor reserves the right to make a moral rights claim pursuant to Part IX of the Copyright Act 1968 (Cth).

 

6. CONSIDERATION

6.1 The consideration for this assignment is the payment of Five Hundred Dollars ($500) by the Assignee to the Assignor made simultaneously with the exchange of signed counterparts of this Deed, the receipt of which is hereby acknowledged by the Assignor.

 

7. GST

7.1 Where this assignment constitutes a supply for the purposes of the Goods and Services Tax legislation in Australia, the Assignor will provide a tax invoice to the Assignee for the amount of the consideration referred to in Clause 5 plus GST and the Assignee will pay to the Assignor in addition to the consideration the said amount of GST.

 

 

 

 

SCHEDULE

Copyright Details:

•

  • in digital format minimum 300 dpi in TIFF/JPEG or EPS file on CD

 

 

 

 

 

EXECUTED AS A DEED on the date first mentioned.

SIGNED AS A DEED BY

Company Pty Ltd

ACN 111 222 333

pursuant to Section 127 of the Corporations Act  2001 (Cth) in the presence of:

 

Director

Print Name:

 

Signature of Witness

Print Name:

 

SIGNED AS A DEED BY

Other Company

ACN 111 222 444

pursuant to

Section 127 of the Corporations Act 2001 (Cth) in the presence of:

 

Director/Secretary

Print Name:

 

Director

Print Name:

 

Signature of Witness

Print Name:

 

Director/Secretary

Print Name: