Help with Licensing and usage rights

[Quiltstar]

I had a lady ask today if there were any restrictions to using a high res jpg that I have posted on my website of photos for sale. I don't know yet what she wants to use them for but need some advice on how to write up a licensing agreement. I did look at some of the tutorials on the ASMP site but wanted to ask on here also for some advice from more experienced people who could explain in simpler language. I'm fairly smart but haven't had any experience with this. Thanks!

[private]

This is what mine says. Its basically for personal use.

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 for personal non-profit purposes, and to incorporate the copyrighted Work, in whole or in part, into derivative works for non-profit distribution.

You are prohibited from using the Work for any other purpose, including: using, reproducing or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as standalone files or as part of a product from which a person is able to extract the Work as a standalone file; 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; 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 copies of 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.

[Jim Bryant]

I'd also add. Usage of photos by third parties is prohibited.

[Quiltstar]

Thanks! that sounds like a good license agreement. I found out she wants to buy photos from me so she can use them as backgrounds on cards that she sends out. So how much should I charge her for each Hi-res jpg photo she wants? I've not sold any photos for something like this so I don't know what to charge.

[private]

Jim, THANKS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[eyesopenwide]

this is very helpful! i am in a similar situation but the client is a local restaurant that we blogged about recently. we shared the link to the blog post on their facebook page and they added a comment asking if they could use a couple of our photos.

i still have to discuss with them how they are planning to use the photos. i am an amateur photographer and have only had 1 photo published (ever). i don't feel it's time yet for me to be charging especially if the client is using the photo for non-profit purposes. i was thinking to ask for photo credit in return.

HOWEVER, i still do believe that rights need to be clarified even if i am not charging them for the image.

what is your advice for this type of situation?

many thanks!
anne

[moscowmartin]

Hi Anne,

Just because you describe your self as an amateur photographer does not mean that your photos have no value to the restaurant (business) or why would they ask to use them. I would get a contract written so that there is no confusion over who owns what at a later date. The photo credit is a given but if you do not what to ask for money why not ask for a discount on a meal. Many businesses that ask you to work for free usually come back asking you to do more free work, when you say no the only opportunity you lose is to give your work away for nothing.

[eyesopenwide]

"Many businesses that ask you to work for free usually come back asking you to do more free work, when you say no the only opportunity you lose is to give your work away for nothing. "

thank you for this perspective! i replied to the restaurant and asked them to email me so we can discuss usage rights, but i have not heard back. i thought, if they really want to work with me and understand the importance of getting an agreement, they will respond. that's also a great suggestion about exchanging services. i think i can do that! i definitely am going to make sure that we have an agreement before i allow use of the photos. something i don't have right now at the ready.