"Officially" giving someone permission to use your photo?

[rexerin]

Hello everyone! I'm new to the forums here, but have been reading the weekly emails and some threads here for a few months now. Lots of good stuff here!

With the pleasantries out of the way... I have a Flickr account, and yesterday I received a message via Flickr from someone asking for permission to use one of my photos on a website. The photo is of the Ripley's Believe it or Not! Museum in Ocean City, MD, and the person contacting me said they represent the company that did the giant shark on the outside of the building (which is visible in my photo: Ripley's Shark on Flickr - Photo Sharing!), and they want to use it on that company's website. (creativeenvirons.com)

I do not have a problem with letting them use my photo for this purpose, but I want to protect my rights as the photographer also. How do I go about giving "official" permission (license?) for them to use my photo *only* on their website (i.e. not for use in print or to make money from it directly)? Is it reasonable/acceptable to ask for an image credit on their site as part of the terms of use? That's all I want, and I did not plan to ask for monetary compensation since it is of their own work, and I am certainly not a professional. Is there a boilerplate kind of thing I can use for the verbiage? I at least want to sound professional...

Thanks in advance!

[Doug Pardee]

The topic of digital property licensing is huge and complicated. Getting it right is going to be a real challenge.

A few things I'd suggest that you say:

• You're offering a non-exclusive, non-transferable, non-sublicenseable license to use the image.
• The image is licensed only to be used on the company's Web site. You might want to specify a maximum resolution, or you might not. You might want to specify an expiration date, or you might not.
• Specify any restrictions on modifications to the image.
• Any necessary model releases and property releases are the responsibility of the licensee.
• Specify the nature of any photo credit that you want (remember the part about modifications?).

If you want to see how complicated it all can get, check out the ASMP and PLUS Coalition websites.

There are specific fields in IPTC and PLUS metadata for you to enter licensing and usage rights to be embedded into your photo file. I'd suggest that you use at least the IPTC fields.

[Jim Poor]

First of all, ask a lawyer, not a bunch of anonymous internet jockies.

Second, you may be on shakey ground in terms of trademarks belonging to Ripley's and or the company that made the shark.

[rexerin]

Thanks for the links and advice!