As You Can See, the First Paragraph Is Set up for You to Fill in the Blanks for Whatever

The following is a trade license I came up with using a combination of resources from Photo Biz and a couple of different books on license agreements. I am NOT a lawyer and do not present this as iron clad! It may not be enforceable in every (or any) state. However, I am going to be sending this to my clients.

As you can see, the first paragraph is set up for you to fill in the blanks for whatever you are going to charge . . . The rest is a pretty clear cut explanation of rights granted, etc. You can remove the last two items if you are conveying those rights.

My thinking is that Equine Photographers have been woefully remiss in being clear (and this goes back to when I was first starting!) about their rights and what the client actually gets. For that to change WE have to educate our clients. If we all use a similar approach at least we are sending a similar message.

I present this license agreement as a talking point, not as a legal document and neither I nor the Equine Photographers Network take any responsibility for it as a legal document. Feel free to share this with any other photographer as you like.

My suggestion is to cut and paste what follows! Replace any text in [BRACKETS] with appropriate information specific to your situation.

Scott Trees

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Note: Further resources are available in the EPNet Bookstore:

Bert Krages' Legal Handbook for Photographers: The Rights and Liabilities of Making Images includes an in-depth discussion of copyright as well as information about making financial transactions, specifically for photographers, from a practicing lawyer's perspective. It is a good source of information about the laws and legal rights both for against the photographer.

Also available is Tad Crawford's Business and Legal Forms for Photographers. It contains 28 ready-to-use forms including contracts, property and model releases, delivery memos, licensing for the Internet. The forms are included in both print and electronic format. The Bookstore also offers Crawford's Legal Guide for Visual Artists with chapters about copyright, contracts, sales and working with galleries.

License Agreement

Date:

[PHOTOGRAPHER/BUSINESS NAME] , (Licensor, Photographer and Copyright Owner) grants to [LICENSEE], (Licensee and Client) rights to use and reproduce the items identified in the Invoice, solely to the extent explicitly stated in usages listed below for [LICENSEE]. This right may be exercised by subcontractors of Licensee (including Purchaser) for preparation of the Licensee's Work, provided that such subcontractors agree to abide by the terms of this Agreement.

This License may not be transferred to a third party without the written consent of the copyright holder.

1) Grant of Rights. Upon receipt of full payment, Photographer grants to the Client the following non electronic rights in the derisive work(s) entitled:

For use as advertising promotional images in the English language for trade publications within the Equine industry. With respect to the stated usage you the client shall have nonexclusive rights unless specified to the contrary here. If the work is for use as a contribution to a magazine the grant of rights shall be for one time North American civil rights only unless specified to the contrary above.

2) Reservation of rights: all rights not expressly granted hereunder are reserved to the Photographer, including but not limited to all rights and preliminary materials in all media including electronic rights. For purposes of this agreement electronic rights are defined as rights in the digitized form of works that can be encoded, stored and retrieved from such media as computer disks, computer databases, and network servers.

3) Fee: Client agrees to pay the following for usage rights granted: [NEGOTIATED FEE]

4) Additional usage: if Client wishes to make any additional uses of the work Client agrees to seek permission from the Photographer and make such payments as agreed between the parties at that time.

5) Alteration: Client shall not make or permit any alterations whether by adding or removing material from the work without the written permission of the Photographer. Alteration shall be deemed to include the addition of any illustrations, photographs, sound, text or computerized effect or alteration of conformation unless specified otherwise.

6) Payment: Client agrees to pay the photographer within ______days of the date of Photographer's billing which shall be dated as of the date of delivery of the work. Overdue payments will be subject to interest charges of 1.5% monthly. Images may not be reproduced in any manner prior to payment in full of license fees.

7) Copyright Notice: copyright notice the name of the Photographer shall accompany the work whenever it is reproduced. The copyright notice may be incorporated into the Photo Credit.

9) Releases. The Client agrees to indemnify and hold harmless Photographer against any and all claims, costs, expenses, including attorneys fees, due to uses for which no release or license agreement was requested, uses which exceed the uses allowed pursuant to release, or uses based on alteration not allowed pursuant to paragraph 7.

10) Arbitration. All disputes arising under this agreement shall be submitted to binding arbitration within 90 days in the following location [LOCATION] and settled in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof.

11) Miscellany. This agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expense revisions orally. A waiver of breach of any of the provisions of this agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions that are of. This agreement shall be governed by the laws of the state of [LOCATION].

12) NO ELECTRONIC RIGHTS are granted in any form without an express license in writing. These photographs may not be used on the Internet for any purpose including revisions or electronic editions of printed work without said written license.

13) NO PRINTED OR ELECTRONIC REVISIONS are granted with this license. Any additional usage, including said revisions must be negotiated with the copyright owner.

SIGNED:

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Photographer/Licensor/Copyright Owner Client/Licensee

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Date Date