Author Topic: rights usage terms?  (Read 11651 times)

Offline SAMouzon

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rights usage terms?
« on: March 31, 2010, 08:52:14 AM »
Anybody have a good resource for boilerplate rights usage terms? I've written some stuff up myself, but there should be some good templates out there somewhere that I haven't Googled yet... thanks!

Offline oNb

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Re: rights usage terms?
« Reply #1 on: March 19, 2012, 01:57:05 PM »
Boy, you have opened a big can of worms with this one...
As a stock photographer who has been at this for a day or two I can tell you that there are many forks along the road and depending on the one taken will take you to many other "forks"...

I would suggest that you consider two products that specialize in the arena of Rights Management as it refers to Stock Photography

1) Cradoc's fotoQuote software specifically designed for Image Photographers wishing to Quote and sell their images with the appropriate license http://www.cradocfotosoftware.com/fotoQuote-Pro/index.html

2) Hindsight offers a similar product for determining pricing and assist with generating a license file
http://www.hindsightltd.com/products/PriceGuide.html

Finding a canned boiler plate is not easy as the Rights Usage license is dependent on what the customer is going to do with the image...hence these automated tools will auto-populate the agreement with the appropriate choices the customer has selected at the time they "defined their usage" of the image

This can be seen if you go to our website and work thru the questions as to how you are going to use the image....clck on the Buy Stock Image button
http://www.outnbout.com/-/collections/stock/flowers-of-nature/-/medias/ab486c78-55da-11e1-b183-83c8627c73e3-mountain-flower-view

However, here are a couple of simple examples you may wish to consider

ONE TIME PRINT USE LICENSE
The owner ("Owner") of the copyrighted photograph being purchased (the "Work") hereby grants you the non-exclusive, non-assignable, and non-sublicensable right to incorporate the Work in up to one hundred thousand (100,000) copies of a single printed article.

You are prohibited from using the Work for any other purpose other than creating printed copies, including: using the Work online; creating electronic copies of the Work; or using the Work as part of a trademark, service mark, or logo.

Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute the Work in all markets and territories.

In consideration for the grant of this non-exclusive license, you agree to pay Owner the amount specified, due and payable immediately prior to your downloading a digital copy of the Work.

This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future.

UNLIMITED ONLINE USE (NO PRINTING)
The owner ("Owner") of the copyrighted photograph being purchased (the "Work"), hereby grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work, in whole or in part, in online or electronic publications, including Web pages.

You are prohibited from using the Work for any other purpose, including: using the Work in print media; selling or distributing electronic copies of the Work as standalone files; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or Web page creation application) intended to be reproduced by third parties on electronic or printed products; using or displaying the Work on Web sites or in any other medium designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, calendars, posters and other similar items; or using the Work as part of a trademark, service mark or logo.

Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use copy, sell, license, and distribute the Work in all markets and territories.

In consideration for the grant of this non-exclusive license, you agree to pay Owner the amount specified, due and payable immediately prior to your downloading a digital copy of the Work.

This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future.


Best of success in your journey

Roderick Bley
www.outnbout.com



outNbout visualImaging, llc<br />Giclee Fine Art Prints<br />651.307.7621<br />http://www.outnbout.com