It is also possible to agree on where to name the author. Does the licensee have to provide the full name, abbreviation, pseudonym, etc.? Can he completely decide the name of the author? All these options can be contractually agreed. You can also combine the compensation methods with each other; An example of this would be to agree on a percentage of remuneration based on turnover and set a minimum licence fee to be paid if no revenue is generated. This is one of the reasons why utilization rates can be very high. It depends on the customer and their visibility in the market. After determining whether an image license agreement has granted exclusive or non-exclusive usage rights, you must also determine how the image can be used. One type of use is clearly definable – whether the work is used technically (such as scanning, copying, printing, burning CDs) or commercially (such as distribution, reuse). If the licensee has an exclusive license, only the licensee is authorized to use the specified photo. This, of course, comes with the payment of a much higher price or premium, as the photographer loses other sources of income for the same image that need to be compensated. The term “royalty-free” is confusing because “royalty-free” images are fully subject to licensing requirements. Royalty-free licenses (RF licenses) were created in the 90s.
This is a term for a licensing model under which images can be purchased temporarily, medially and independently of usage settings at a fixed fee depending on the photo`s usage rights. Not all RF images are subject to exclusive rights of use. In general, there are no good or bad image license terms. The requirements you place on your licenses depend on the specific images and intended use. CC licenses and stock licenses are best suited for amateur photographers and usually bring in little or no revenue. However, professional photographers are better off without a CC license and should instead opt for agreements with clearly regulated terms of use. ► What should photographers consider when licensing images? The agreement describes the scope, conditions and restrictions under which the licensee may use the photo and whether he is granted the right to sublicense it. By accepting the Photo License Agreement, Licensee is also required to pay a license fee to Licensor (if the terms so provide). Many new photographers don`t charge any user fees or include them in their creative fees. Without reasonable usage fees, it becomes difficult to pay overhead and make a profit. At the same time, companies can increase their profits.
An example of how the details of a user agreement can become critical is when dealing with a startup or small growing business. While a license to use retail (personal use) and editorial (education and journalism) is quite simple, commercial use is much more complicated. Commercial use means that a photo is used for the purpose and purpose of selling a product, service or idea. This type of use of photographic images is unique to the commercial segment of the professional photography industry and is considered a B2B or business-to-business transaction. The theme of this type of image use ranges from people, products, architecture, food, travel, as you call it. A license to use commercial photo services will deal with “who, what, where and when,” so to speak. Here is a list of things you can expect from a user license. A user license deals with: Non-exclusive rights of use give the licensee the right to use a work only in the predefined manner that is authorized. An important point is that this does not exclusively grant rights to use photos. This means that the author or rights holder can assign non-exclusive rights of use to several people at the same time. Always address the issue of sub-licensing in your contract: does your customer have the right to sublicense your photo and, if so, to what extent? If you prohibit that, make it clear.
If you want to approve a sublicense, make sure it is included in the terms. To ensure the success of the license, you need to create a license agreement that is reviewed by a lawyer and preferably by a lawyer who is familiar with copyright and contract law. Since a lot of money can be involved, it is important that the agreement is legally sound. If you do not wish to work with a lawyer, we recommend that you, as an author, first consider the most important questions about licensing agreements: Exclusivity: Describes whether the images are exclusive or non-exclusive. (Note: Exclusivity increases the cost of a license) If someone violates the digital image license agreement or your intellectual property rights, you must send a letter of cessation and abstention to inform them of the problem. If they don`t comply with your demands, you can take legal action against them. If you are not the copyright owner of an image but want to use it, you need a license agreement. Through a license agreement, the copyright owner can grant permission to use the image in a specific way. The key to a photo license agreement is that by licensing the image, the photographer continues to own the copyright in the visual work – with a few exceptions, for example. B when renting, for example when working on the rental, where copyright can be automatically transferred to the person or company hiring. In practice, this is a challenge; You should take into account that the agreement provides both parties with a clear legal framework that is tailored as specifically as possible to the respective specific requirements. Although the legislator grants significant discretion to the parties concerned, any fundamental element of the agreement should preferably be clarified and established in the contract.
Deciding whether your customer`s photo request is retail or commercial use is a common problem in practice. A look at who pays and what the subject of the photograph is might help. Due to the global accessibility of content on the Internet, accepting a geographically limited image license doesn`t make much sense. The type of use may apply to the regulation of online or offline use, the use of print media, editorial or commercial use or use for advertising purposes. == References == the rightholder may grant the licensee the right to use the work for single, multiple or even all types of use. The license of this artist`s work does not mean that Verizon Wireless can use the song as it sees fit. That doesn`t mean Verizon owns the song now. This does not mean that Verizon can sublicense this song or sell it to other companies. At no time does ownership or copyright pass to the customer. .