nathanlake
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 p.1 #1 · Licensing for unknown commercial use | |
When selling digital images for commercial use via a wetsite (e.g. SmugMug), you have no idea what the exact use will be. How do you determine a reasonable licensing fee?
Here is the license text used by SmugMug.
License For Commercial Use
What you can do: Photographer grants you a perpetual, non-exclusive, non-transferable, worldwide license to use this image for permitted commercial purposes, defined as:
advertising, promotion, brochures, packaging
as part of a commercial website for promotional purposes (maximum 800x600pixels) use
prints, posters, flyers, tearsheets for promotional purposes (not for resale)
prints, posters, or other commercial display of image
magazines, books, newspapers, other printed publications
video, broadcast, theatrical
What you may not do: Buyer may not resell, relicense, redistribute without express written permission from photographer. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Images may not be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner. Images may not be incorporated into trademarks, logos, or service marks. Image may not be made available for download.
Photographer retains all rights, license, copyright, title and ownership of the image(s).
There is no warranty, express or implied, with the purchase of this digital image file. Neither photographer nor SmugMug will be liable for any claims, or incidental, consequential or other damages arising out of this license or buyer's use of the image(s).
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