Event Photography Investment

Special Events photography quotes call for special considerations.  Below is a collection of things to read and consider when booking a photographer for anything, but especially for an event.  Please email me for questions regarding the type of agreement you would like to obtain with aByrdsyephoto Productions.

Extended Use License Agreements for Digital Images: This licensing arrangement gives greater freedom to the buyer/licensee. It allows the usage of the purchased image(s) in any commercial, personal, non-profit or editorial projects involving advertising, print media, web site publication, or broadcast for an extended period of time. Typically this time period is one to five years, but can be longer. During this time, the buyer/licensee is free to print, publish, distribute the purchased image(s) without restriction in a variety of media – even simultaneously – without need to procure additional licensing agreements. The only restriction to this license other than a reasonable time limit is that it is not transferable to a third party.

If you want to purchase [license] an image from aByrdsyephoto Productions, please describe precisely how you intend to use the image(s).  Ambershaun will then draft an appropriate license agreement and determine the price.  Once the terms are agreed upon, the images will be sent via CD/email/internet along with an invoice.  Payments can be made via major credit card.

Exclusivity: Photo Licenses can be first divided into two types of licenses: exclusive and non-exclusive.

  • An Exclusive license provides the buyer/licensee with assurance that the same image will not be licensed to any third party for the duration of the agreement.  These are the most expensive type of licenses since they prevent aByrdseyephoto Productions from third party sale
  • Non-Exclusive license allows aByrdseyephoto Productions to sell additional licenses of the same image to other parties under separate agreements.  This is the default condition of sale.

Extent of Usage: Photo Usage Licenses can be further characterized by the extent of usage allowed by each license – as either a one time use in a specified media or as an extended use in a variety of media over a period of time.

  • One time Use License Agreements for Digital Images:  This licensing arrangement provides the buyer/licensee with the right to use an image for any commercial, personal, non-profit or editorial projects involving advertising, print media, website publication, or broadcast for a single instance.  In this case, the licensing agreement will specify the extent of the image’s usage – whether it will be printed in a newsletter, newspaper or billboard – or shared on a website etc.  Also included in this agreement will be the number of copies being made (for print media) or duration that the image is to be posted (for ween media).  Any additional printing runs or featuring of the images on the web will require and additional license agreement.  Since this arrangement is the most tightly controlled, it is also the least expensive.
  • Extended Use License Agreement for Digital Images:  This licensing agreement gives greater freedom to the buyer/licensee.  It allows the usage of the purchased image(s) in any commercial, personal, non-profit or editorial projects involving advertising, print media, website publication, or broadcast for an extended period of time.  Typically this time period is one to five years, but can be longer.  During this time, the buyer/licensee is free to print, publish and distribute the purchased image(s) without restriction in a variety of media – even simultaneously – without the need to obtain additional licensing agreements.  The only restriction to this license other than a reasonable time limit is that it is not transferable to a third-party.  If one party purchased images that a third party would like to use as well, the third-party will have to obtain a separate license agreement from aByrdseyephoto Productions.

Copyright and Credit:  Implicit to any licensing agreement is the buyer/licensee’s agreement to credit the owner of the copyright (Ambershaun Byrd) whenever the image is used.  No copyright or intellectual property is transferred at any point to the buyer/licensee.  When and where possible, aByrdseyephoto Productions will appreciate photo credits to include not only the name but also a link to this website: abyrdseyephoto.com

Prints: Prints are sold “as is” and become the physical property of the buyer post sale.  The images borne on the prints, however, are still protected by copyright and may not be altered or reproduced without the explicit written authorization from Steven.

201 . Ownership of copyright1

  • (a) Initial Ownership. — Copyright in a work protected under this title vests initially in the author or authors of the work. The authors of a joint work are co-owners of copyright in the work.(b) Works Made for Hire. — In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all the rights comprised in the copyright.(c) Contributions to Collective Works. — Copyright in each separate contribution to a collective work is distinct from copyright in the collective work as a whole, and vests initially in the author of the contribution. In the absence of an express transfer of the copyright or of any rights under it, the owner of copyright in the collective work is presumed to have acquired only the privilege of reproducing and distributing the contribution as part of that particular collective work, any revision of that collective work, and any later collective work in the same series.(d) Transfer of Ownership. —

    (1) The ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession.

    (2) Any of the exclusive rights comprised in a copyright, including any subdivision of any of the rights specified by section 106, may be transferred as provided by clause (1) and owned separately. The owner of any particular exclusive right is entitled, to the extent of that right, to all the protection and remedies given to the copyright owner by this title.

    (e) Involuntary Transfer. — When an individual author’s ownership of a copyright, or of any of the exclusive rights under a copyright, has not previously been transferred voluntarily by that individual author, no action by any governmental body or other official or organization purporting to seize, expropriated, transfer, or exercise rights of ownership with respect to the copyright, or any of the exclusive rights under a copyright, shall be given effect under this title, except as provided under title 11.2

    § 202 . Ownership of copyright as distinct from ownership of material object

    Ownership of a copyright, or of any of the exclusive rights under a copyright, is distinct from ownership of any material object in which the work is embodied. Transfer of ownership of any material object, including the copy or phonorecord in which the work is first fixed, does not of itself convey any rights in the copyrighted work embodied in the object; nor, in the absence of an agreement, does transfer of ownership of a copyright or of any exclusive rights under a copyright convey property rights in any material object.

 

All original negatives and files will be the sole property of the Photographers. Final, edited images in the form of digital copies and/or prints will be owned jointly by the Client and the Photographers and can be used free from discretion of the Photographers but cannot be used for profit without express consent of the Photographers. The Photographers have the right to use any of the resulting images in any form of promotion but will not engage in the individual sale of the images without express consent of the Clients.

Copyright is a property right. Under the Federal Copyright Act of 1976, photographs are protected by copyright from the moment of the work’s creation. According to the U.S. Copyright Office, the owner of the “work” is generally the photographer or, in certain situations, the employer of the photographer. Even if a person hires a photographer to take pictures of a wedding, for example, the photographer owns the copyright to the photographs unless the copyright is transferred — in writing and signed by the copyright owner — to another person.

The subject of the photograph generally has nothing to do with the ownership of the copyright to the photograph.

http://photographyspark.com/photography-business-legal-overview/

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