# Attempt at commercial photography license



## supraman215 (Oct 23, 2012)

I am a part time RE photographer and I'm expanding my business to do all kinds of interiors. I have a couple jobs with a remodeler and I wanted to put together a license contract since it's a little different then RE where the license is a lot simpler. 

I have been doing research on PLUS and ASMP websites and I came up with this. The ASMP website suggests a short but sweet and simple license contract unless you're an attorney which I am obviously not. lol. 

I wanted to get everyone's thoughts. I took the table directly from the PLUS application. I built that license with their online tool.

Thoughts?


*Commercial Photography License

Licensee: xxxxxxxxxxxxxx
Licensor: Jeff Wheeler, Jeff Wheeler Photography
Property: ADDRESS
Date of photography:
Licensee contact: xxxxxxxxxx

The following rights are granted to the LICENSEE by the LICENSOR pertaining to the images taken at PROPERTY on DATE.
PLUS Version1.2.0Licensee NamexxxxxxxxxxxEnd User NamexxxxxxxxxLicensor NameJeff WheelerLicensor EmailJeff@JeffWheelerPhotography.comLicensor URLhttp://www.JeffWheelerProtography.comPLUS Media Summary Code|PLUS|V0120|U001|1IAK1UNA2ALL3PAA4SAA5VAA6QAA7DZB8RAA8IAA8LAA9ENE|License Start Date2012-11-16License End Date2015-11-15Media ConstraintsNoneRegion ConstraintsNoneProduct or Service ConstraintsNoneModel Release StatusNot Applicable [MR-NAP]Property Release StatusNone [PR-NON]Image TypePhotographic Image [TY-PHO]Copyright Owner NameJeff WheelerImage Creator NameJeff Wheeler


Any use of the images beyond the scope defined in this document is not permitted. 
Editorial use is not permitted by this license.
Copyright ownership of the photographic images is retained by the LICENSOR.
All rights granted in this document expire on the License End Date mentioned above.

Contact the LICENSOR for any additional usage requirements beyond the rights granted in this document.

*


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## tirediron (Oct 23, 2012)

:scratch:  Never seen one done this way.  Mine are done the old-fashioned way...  plain text spelling out exactly who can do what for how long and how much it costs.  I'm really not sure who's allowed to do what to whom with whose images based on that.


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## supraman215 (Oct 23, 2012)

Yeah I could add a section that specifies all the media types or says something like "All Media." Though it does specify "Medial constraints: None" Exactly who is the Licensee being the company I'm working for.  The ASMP site also advises against writing them in paragraph form. If you have an example of one I'd love to see it.

I'm putting the pricing on a different form just a standard invoice. Listing the costs. Not sure if I'm going to separate out the licensing and creative or bulk them all together as one charge.


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## tirediron (Oct 23, 2012)

This is the sort of document I use:

"_Photographic Rights and Usage License.

__This document is an agreement between X (the &#8216;photographer&#8217 and Y (the &#8216;client&#8217,  in which the photographer agrees to license an image(s) as described below (copies appended) to the client for the following period and purpose:
_
_<Verbal description>
_
_In consideration of the sum of $ _____, Y is granted the non-exclusive right to use the images herein described in printed format only, at a size not to exceed four (4) inches on the longest dimension, as part of an advertising campaign for <whatever>, for the period of <date> to <date> in a regional newspaper, circulation not to exceed fifty thousand (50,000) copies and no other rights.
_
_The photographer retains the copyright on these images and may at any time use them for any other purpose he desires."

_Bearing in mind that there are some significant differences between Canadian and US IP law, one thing that I feel is critical and doesn't appear on yours is a statement of exclusivity.  If I'm licensing one of your images, and I'm paying for the sole right to use it, I'm going to want something in writing that makes that very clear.

I'm curious as to why they recommend against a paragraph-style license - do they explain that at all?


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## supraman215 (Oct 23, 2012)

They go on to explain that work choice is CRUCIAL and if you use "and" instead of "or" in the wrong place that simple miscalculation can confuse the rules and possibly cause a dispute. 
How to write a license | American Society of Media Photographers

They give some examples on their site, most of them are short and sweet like yours though.
Commercial Example | American Society of Media Photographers

Since mine is very broad meaning unlimited use and unlimited size any media, I didn't want to get into specifics. I probably should have had a better idea of how this type of licensing works before I quoted the job, but it's my first job of this type so live and learn. The client gets a great deal in the process.


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## tirediron (Oct 23, 2012)

Hmmm... I can see their point, but once you've done a couple and had them reviewed by a lawyer, you should be good to go.


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## SCraig (Oct 23, 2012)

Personally I wouldn't sign that contract.  I don't know who or what "PLUS" is and why they are involved in this license contract that is specifically between you and me, I don't know what half the terms refer to since they aren't explicitly spelled out, I don't know what [MR-NAP] or [PR-NON] or [TY-PHO] mean because they aren't explicitly spelled out, however since they are in the contract they must mean something.  There is no way I'd agree to a contract unless I know exactly what every little character or contraction or abbreviation or code word or any other person or word or phrase in it means and how it affects me.  In short, there is no way I'd agree to that contract as it is written.

TiredIron's, on the other hand, is simple, to the point and there are no hidden meanings.  Both parties know exactly where they stand, what they can do with the photos, and what they can't do.  It's the only one of the two that I'd agree to.


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## supraman215 (Oct 23, 2012)

Thanks CRIAG! that's very helpful! I will clarify all the terms.


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## supraman215 (Oct 23, 2012)

*Changed the table a bit to hopefully clear things up

The following rights are granted to the LICENSEE by the LICENSOR pertaining to the images taken at PROPERTY on DATE.
Licensee NamexxxxEnd User NamexxxxLicensor NameJeff WheelerLicensor EmailJeff@JeffWheelerPhotography.comLicensor URLhttp://www.JeffWheelerProtography.comLicense Start Date2012-11-16License End Date2015-11-15Media UsageAny Media (print,web, TV, direct mail, billboard, etc.)Region UsageWorldwideImage TypePhotographic Image Size UsageAny SizeQuantity UsageAny QuantityCopyright Owner NameJeff WheelerImage Creator NameJeff WheelerExclusivityNon-Exclusive (LICENSOR retains all licensing and usage rights for the time period  defined in this license)


Any use of the images beyond the scope defined in this document is not permitted. 
Editorial use is not permitted by this license.
Copyright ownership of the photographic images is retained by the LICENSOR.
All rights granted in this document expire on the License End Date mentioned above.

Contact the LICENSOR for any additional usage requirements beyond the rights granted in this document.

*


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## SCraig (Oct 23, 2012)

Much better!  At least I would know what I was signing now.  Well done


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