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:

Letter of Demand - Copyright Infringement

ArtsLaw Information Sheet

Instructions and Notes. 

The above is a sample letter. You will see where you need to insert your relevant information however you may also need to amend the letter to suit your needs. The following are some changes you may need to make to suit your particular case.

• In paragraph two you may need to change the list of exclusive rights depending on the nature of your work and of the breach. For example your work may be a piece of music or a play. In that case, your exclusive rights include the right to "perform the work in public". (For a full list of the exclusive rights see the information sheets provided by the Australian Copyright Council (www.copyright.org.au).
• The fourth paragraph which lists your demands on the reader may also need to be changed. For example if the infringer is also selling reproductions of your work you will also want to demand that they cease to do so and that the reproductions be destroyed.
• There is also a good chance that the copyright infringer is also infringing your ‘Moral Rights’. The creator of a work has certain moral rights under Australian law which include; the right to be attributed as the creator of the work, the right against false attribution and the right to object to any derogatory treatment of their work. If you believe that your moral rights have also been infringed you may wish to adapt your letter to address this and add demands to rectify this problem. 
• Try and make your demands as clear as possible so that the reader understands what you want and there is no confusion.

Sample letter of demand for Copyright Infringement

[Date]

[Insert name]
[Insert address]

Dear Sir/Madam [or name of the person if known]

I am the owner of copyright in [insert name or description of work] (the Work).

As copyright owner, I have a number of exclusive rights under the Copyright Act 1968 (Cth). These exclusive rights include the right to reproduce the Work, and to publish and communicate the Work to the public (including by way of sale, broadcast or putting the Work online). It is an infringement of copyright to do any of the acts comprised in the copyright in relation to the whole or a substantial part of the Work, or to authorise such an act, without the permission or licence of the copyright owner.

It has come to my attention that you have [insert way in which they have breached your copyright. If applicable also insert dates. For example: "photographed my work and published it in your online publication dated the 10th of April 2007"]. As you have failed to seek permission or a licence from me to do so, your conduct described above constitutes infringement of my rights of copyright.

To rectify this infringement of my rights, I require that you undertake to:

1. immediately stop infringing my copyright;
2. provide me with [insert an amount of money] for the use of my work to date;
3. [OPTIONAL - Enter into a licence with me for future use of my work]; and
4. [IF APPLICABLE - Deliver all originals or copies of my work to me including any infringing copies]

You can confirm your acceptance of these undertakings by signing and dating a copy of this letter and returning it to me within 21 days.

You are now on notice as to my copyright in respect of the Work. If I do not receive an adequate response within 21 days of this letter, I will take such action as I may be advised in order to protect my rights including, without limitation, legal action for injunctive relief or to recover damages without further notice to you.

I otherwise reserve all my rights.

Yours [faithfully/sincerely]

[signature]
 

AGREED:
_____________________
(signature)

_____________________
(date)
  

Foreword

My name is Jerry Bei, if you are here i am guessing you are either interested in my photographs or would like to know more about me. I am a Lawyer by the day and is currently practicing law in Australia, during my spare time or whenever I can that I love to go out shooting. Working in the Legal profession is very demanding and intellectually challenging but my passion for photography is what keeps driving me and never give it up. My background is of Chinese ethnics but I was raised in the Western culture, therefore I am fully aware of both Asian and Western Cultures to assist the identification of cultural differences across the World.

As a frequent traveler myself, I love to visit as many different countries and cultures as I can. There are many countries I have been to but there are even more places that I would love to explore someday. I love Street Photography and the desire to discover alleyways of an alien country excites me. At the same time, I have encountered the challenges to shoot on the streets of another country. Therefore, it is necessary to make yourself comfortable during your travel, so that you can capture those moments you wanted. 

As a legal practitioner, it is essential for me to let every photographer to become aware of their Photographer's Rights in the context of two divisions:

1) Legal

2) Cultural

In my articles published here, I will go through the relevant Legislation and Common Law with their real-world application in different contexts. There will be analysis of Photographing on distinct types of Property (Public vs Private) and Photography usage (Personal vs Commercial) from a legal perspective. The Possibility of Police Enforcement and how to respond in those stressful situations. In addition, Legal Issues in relation to Copyright and Privacy will also be addressed.