Home · Register · Search · View Winners · Software · Hosting · Software · Join Upload & Sell

Moderated by: Fred Miranda
Username   Password

  New fredmiranda.com Mobile Site
  New Feature: SMS Notification alert
  New Feature: Buy & Sell Watchlist
  

FM Forums | Pro Digital Corner | Join Upload & Sell

  

Photograph Usage Contract Template ?
  
 
Danpbphoto
Offline
• • • • • •
Upload & Sell: On
p.1 #1 · Photograph Usage Contract Template ?


I am in need for some help in finding a photograph usage contract template if there is such a thing.
I see many templates for model releases, entire photo shoots but not very many for just the usage of a few images in a brochure.

My situation is that a client now wants to use some of my photographs for a brochure introducing their new Inn.

I want to make sure the client understands that the use of any photos other than in the brochure is by consent only.

Do the professionals here have any templates they can refer me to or offer any suggestions?
Thanks!
Dan



Jan 28, 2014 at 07:24 PM
hk_mtbr
Offline
• • •
Upload & Sell: On
p.1 #2 · Photograph Usage Contract Template ?


Try over at http://asmp.org/


Jan 28, 2014 at 10:08 PM
Danpbphoto
Offline
• • • • • •
Upload & Sell: On
p.1 #3 · Photograph Usage Contract Template ?


Thanks Joel! I will check it out. A quick check did not provide what I needed but I will look deeper.
Dan



Jan 28, 2014 at 11:34 PM
Mr Joe
Offline
• • • •
Upload & Sell: On
p.1 #4 · Photograph Usage Contract Template ?


The Pricing & Negotiating blog posts over on A Photo Editor provide a ton of useful examples and info on contracts: http://www.aphotoeditor.com/category/pricing-negotiating/


Jan 28, 2014 at 11:48 PM
cwebster
Offline
• • • •
Upload & Sell: Off
p.1 #5 · Photograph Usage Contract Template ?


John Harrington's book "Best Business Practices for Photographers" will have something. What you are looking for is called a licensing agreement. Maybe that will help your search.

I just write an itemization listing the term, media type (magazine, web, brochure, etc), term (one year, one month, in perpetuity) whether it's exclusive, and the positioning in the media (front page, run of publication, etc). I always state that I retain the copyright and restrict the clients ability to redistribute for any purpose.

No legalese, just plain English.

<Chas>



Jan 29, 2014 at 02:20 AM
Mr Joe
Offline
• • • •
Upload & Sell: On
p.1 #6 · Photograph Usage Contract Template ?


+1 for John Harrington's book. Highly recommended


Jan 29, 2014 at 06:13 PM
Danpbphoto
Offline
• • • • • •
Upload & Sell: On
p.1 #7 · Photograph Usage Contract Template ?


Mr Joe wrote:
+1 for John Harrington's book. Highly recommended



Thanks everyone for your advice.

The Harrington book was suggest on numerous websites when I was searching for an answer to my question.

For now I must use it as a reference for further client work.

The client mentioned above, that prompted this post, wants to give me $100 per image(2) and all copyrights and unlimited number of advertising brochures. Also will not give me any credit for taking the pictures. Sooo...I will move on.
Thanks again!
Dan



Jan 29, 2014 at 07:18 PM
cwebster
Offline
• • • •
Upload & Sell: Off
p.1 #8 · Photograph Usage Contract Template ?


The copyright thing would be the deal breaker for me. I don't expect credit for commissioned photography. I figure the client's signature on the check is all the credit I need. Especially when it's a brochure for a non-consumer product.

<Chas>



Jan 30, 2014 at 01:18 AM
 

Search in Used Dept. 



Michael White
Offline
• • •
Upload & Sell: On
p.1 #9 · Photograph Usage Contract Template ?


If you want something quick and simple there is a agreement writer in PhotoByte a software program that is outdated and semi free I think it's down to donation or email ware. Look for PhotoByte or PhotoByte 2000 you can either DL straight away or you will need to leave an email addy and they will email you the link fo downloading


Jan 30, 2014 at 06:31 AM
Danpbphoto
Offline
• • • • • •
Upload & Sell: On
p.1 #10 · Photograph Usage Contract Template ?


cwebster wrote:
The copyright thing would be the deal breaker for me. I don't expect credit for commissioned photography. I figure the client's signature on the check is all the credit I need. Especially when it's a brochure for a non-consumer product.

<Chas>



Where did I say the images I took were "commissioned"? If they were commisioned then business practices dictate a licensed agreement specifying how the use of my images are handled.

Non-consumer product Advertising rooms, meals, tours of area at a million dollar B&B/Inn/resort is not a non-consumer product?? Tourism and its associated fields sure is consumer driven to me!

Glad you do business your way.


Edited on Jan 30, 2014 at 02:08 PM · View previous versions



Jan 30, 2014 at 01:59 PM
Danpbphoto
Offline
• • • • • •
Upload & Sell: On
p.1 #11 · Photograph Usage Contract Template ?


Michael White wrote:
If you want something quick and simple there is a agreement writer in PhotoByte a software program that is outdated and semi free I think it's down to donation or email ware. Look for PhotoByte or PhotoByte 2000 you can either DL straight away or you will need to leave an email addy and they will email you the link fo downloading



Thanks Mike! Many pro's have emailed or PM'd me sample "License/Usage" contract samples.
I will still look for the one you suggested.
Dan



Jan 30, 2014 at 02:07 PM
bf5hpjg
Offline
• •
Upload & Sell: Off
p.1 #12 · Photograph Usage Contract Template ?


cwebster wrote:
The copyright thing would be the deal breaker for me. I don't expect credit for commissioned photography. I figure the client's signature on the check is all the credit I need. Especially when it's a brochure for a non-consumer product.
<Chas>



Travel, resturaunts, touring...is non consumer related

I agree with Dan about the word commissioned in his post. Don't see it nor do I read that it is "implied".
He, Dan, is correct..a license agreement would have forgone all this.
But in the photographic market I have a business in, you pay for not recognizing me as the photographer. Then you can do all you want to the image(s).
It's worked for me for more than 40 years in all classifications of photography. Pamphlets and brochures are 1 of them.

Good luck Dan. Sounds like you did the correct thing..business wise.
Angelo



Jan 30, 2014 at 02:16 PM
Mr Joe
Offline
• • • •
Upload & Sell: On
p.1 #13 · Photograph Usage Contract Template ?


You could also try the PLUS license generator: http://www.useplus.com/pluslicensegenerator/Steps/Start.aspx


Jan 30, 2014 at 02:47 PM
PatrickDixon10
Offline
• •
Upload & Sell: Off
p.1 #14 · Photograph Usage Contract Template ?


bf5hpjg wrote:
Travel, resturaunts, touring...is non consumer related

I agree with Dan about the word commissioned in his post. Don't see it nor do I read that it is "implied".
He, Dan, is correct..a license agreement would have forgone all this.
But in the photographic market I have a business in, you pay for not recognizing me as the photographer. Then you can do all you want to the image(s).
It's worked for me for more than 40 years in all classifications of photography. Pamphlets and brochures are 1 of them.

Good luck Dan. Sounds like you did the correct thing..business wise.
Angelo


I agree with Dan and Angelo and others. You "pay to play" if you want my images and not allow me to be recognized as the photographer.

If they(client) did not want to sign a license for the exclusive rights and pay an appropriate value
for my(Dan's) time and photos and exclusive use of said images,then any photographer should move on.
Never really heard of a client trying this. It may be obvious that they are new to marketing an Inn, B&B or roadhouse.
Patrick




Jan 30, 2014 at 09:29 PM
Micky Bill
Offline
• • • •
Upload & Sell: Off
p.1 #15 · Photograph Usage Contract Template ?


PatrickDixon10 wrote:
I agree with Dan and Angelo and others. You "pay to play" if you want my images and not allow me to be recognized as the photographer.

If they(client) did not want to sign a license for the exclusive rights and pay an appropriate value
for my(Dan's) time and photos and exclusive use of said images,then any photographer should move on.
Never really heard of a client trying this. It may be obvious that they are new to marketing an Inn, B&B or roadhouse.
Patrick




Seems like quite a few people in this thread are "new to marketing" and licensing images and theterminology used in the photo industry.



Feb 02, 2014 at 09:51 AM
Micky Bill
Offline
• • • •
Upload & Sell: Off
p.1 #16 · Photograph Usage Contract Template ?


PatrickDixon10 wrote:
I agree with Dan and Angelo and others. You "pay to play" if you want my images and not allow me to be recognized as the photographer.

If they(client) did not want to sign a license for the exclusive rights and pay an appropriate value
for my(Dan's) time and photos and exclusive use of said images,then any photographer should move on.
Never really heard of a client trying this. It may be obvious that they are new to marketing an Inn, B&B or roadhouse.
Patrick




Seems like quite a few people in this thread are "new to marketing" and licensing images and the terminology used in the photo industry.



Feb 02, 2014 at 09:51 AM





FM Forums | Pro Digital Corner | Join Upload & Sell

    
 

You are not logged in. Login or Register

Username   Password    Retrive password