Use License for
Rights Managed Photographs
This document constitutes a binding contract between
(hereafter "User"), and
regulating the use of photographs (collectively hereafter the "Photos") taken by Photographer, for all lawful purposes, subject to the terms and conditions described below and in any referenced attachments.
This license consists of four main sections. The first section (Delivery) lists the Photos covered by this license and their particulars. The second section (Usage) specifies the Purpose, Medium, Period of time and Territory the license covers. The third section (Special Terms) references an optional list of special terms that adds to, overrides, or supplements the general terms. The fourth and final section (General Terms) outlines the general terms and conditions for use of the Photos.
Size and Format:
Any Special Terms that explicitly override the General Terms shall appear in this section, or a dated and signed attachment referenced here. (Write "NONE" if there is no special terms.)
- Photographer grants User a non-exclusive (unless exclusivity is explicitly listed in the "Special Terms" attachment), non-sublicensable and non-assignable right to publicly reproduce the Photos as set out in this license.
- Photographer will deliver to the User digital files of the specified Size (in pixel dimensions or Megabytes) and Format (usually TIFF or JPEG) as soon as possible after this license is signed.
- For access to the Photos in the Format specified, and the associated reproduction right, User agrees to pay Photographer as specified. Payment shall take place in a timely manner and under any circumstance no longer than 10 working days after the date this license is signed by User.
- Use of the Photos is strictly limited to the Purpose, Medium, Period of time, Territory and any other terms specified above. Any re-use of the Photos that is not covered by this license, requires a new and independent Use License.
- Each image in the set of Photos covered by this license may not be reproduced more than once within any design, web site, editorial piece or other graphical work, unless explicitly permitted.
- The Photos may not be sublicensed, resold or otherwise made available for use or distribution separately or detached from a product or web page. If the Photos are licensed for use on the web, they may be used as an integral part of a web page design, but may not be made explicitly available for downloading separately, or in a high-resolution format suitable for re-use.
- User must respect the moral rights of Photographer and any persons depicted in the Photos:
- User may not use the Photos in a pornographic, defamatory, fraudulent, lewd, obscene or otherwise illegal manner, including, but not limited to, infringing any third party intellectual property or privacy rights, whether directly or in context or by juxtaposition with other materials.
- User may not use Photos in a manner that exposes any person depicted to conspicuous ridicule, scandal, reproach, scorn, or indignity.
- Photographer must be identified as the author of the Photos when copies are issued to the public with an explicit byline or photo credit.
- User must not incorporate Photos (or any part of them) into a logo, trade mark or service mark, unless this is explicitly permitted.
- User must not use the Photos in any manner in the advertising or promotion of a specific product or service unless this is explicitly permitted.
- The Photos may be scaled and colour managed to fit the medium. The Photos must not be cropped, altered, transformed or merged with other works. The User may not build-upon the Photos or parts thereof to create a derivative photographic work, artwork, drawing, or mixed media work.
- During the Period covered by the license, User may store the Photos in a digital archive or similar arrangement, and make digital copies available to designers and typesetters working under User's direction to produce graphic works on behalf of User. User is responsible for keeping track of such copies and to make sure that they are deleted after the end of the Period covered by this license.
- User agrees to indemnify and hold Photographer harmless against any claims, damages, losses, expenses or costs, including legal costs, arising in any manner whatsoever from User's unauthorised use of any Photos, or any other breach by User of any obligation under this license.
For purposes of the byline or photo credit, Photographer's name must be spelled as it is spelled in this contract. The typeface for the byline or photo credit should be at least 10 pt in size. The name must be placed immediately below each photo. If the Photos appear in electronic media, the byline or photo credit must always be visible and not require special action on part of the audience to appear. Lack of identification as author, for whatever reason, shall be compensated by an additional fee equal to 100 % of the original fee. Any deviation from the above guidelines for identifying Photographer as author must be listed in the "Special Terms" attachment.
Photographer does not warrant the accuracy of the captions, keywords, metadata, or any other information associated with the Photos.
Irrespective of the Period listed in the Delivery section of this license, the Photos are not released for use until a copy of this license is signed by User and returned to Photographer.
Both User and Photographer affirms to have read the foregoing and any attachment referenced prior to its execution and agree to the contents thereof.
On behalf of (organisation or publisher)