limited copyright use

[clarebear]

i want to offer business/corporate professionals some kind of limited copyright use for thier business portraits to be used in ads, publications, website, stuff like that.

i am supposing that some kind of form would suffice for an agreement, but i dont know where to start looking for one or writing one!

any tips or advice or examples?? clare

[heartseye]

The easy way is to type the details of your "rights sharing" into your invoice, and simply state that payment of the invoice confirms their acceptance of your terms....Bob

[clarebear]

Originally Posted by heartseye

The easy way is to type the details of your "rights sharing" into your invoice, and simply state that payment of the invoice confirms their acceptance of your terms....Bob

unfortunately its the actual "terms" that i am having trouble with!

[heartseye]

Since it is YOU who are making up the terms, there's no sense looking on line for a form that will work for you. Also...laws vary according to where you are, AND, where the contract is deemed to have originated. Not sure how I can help you more....but I'll try if I can....cheers...Bob

[clarebear]

i guess i was kindof looking for an example to go off from. im not terribly good with wording...especially of the legal kind!

[BeautyShooter]

Hi Clarebear,

I have the same problem. I can mix colors with beautiful results and make a new shade of lipstick, but ask me to drum up a new contract and my eyes glaze over. A professional photog. friend of mine turned me onto some great software. It has contracts, a scheduling module, releases, all kinds of customizable forms! Plus it has a list of 1000 contacts that gets updates! Its called Photojobsdatabase and it only costs $189. They have a website. Check it out, it's worked wonders for helping me get organized! Good luck

[Nikonfreak]

There are lots of contracts out there for limted release agreements.

The problem is that no one other than an attorney can give you legal advice and even though someone might be able to give you a form, no one can verify or assure you of the validity or enforceability of the document in your jurisdiction.

Therein lies the basis of the problem.

Lots of folks could give you some basic, boilerplate language that you could put together a form, but can't tell you if it's enforceable or valid where you live. You should check with a local attorney and verify that the language of any contract that you put out there is enforceable under the laws of your state, county, or city, and should outline how a dispute would be resolved, and under what applicable law (state, federal, etc) the contract is governed, how much is to be paid to the photographer and EXACTLY and VERY SPECIFICALLY what rights are conferred to the client and what rights are not.

I can tell you that I have used basic, boilerplate stuff for individuals (basic portraits for business card or realtor letterhead type stuff) but for commercial use of images I use a much longer, more detailed form.

Julio

[oodarkroom]

I believe the correct term for the release you're looking for is a "right to use" release........not a copyright release. You'd want to retain the copyright.

[clarebear]

Julio- Thanks- so you are saying for regular people, use regular words I like the sound of that.

Yes "right to use" makes sense, thank you!

Clare

[WayneM]

In general a good contract is one which all parties can understand without the need for a translator (another attorney). Unfortunately many attorneys don't understand this.

Wayen

[Nikonfreak]

Originally Posted by clarebear

Julio- Thanks- so you are saying for regular people, use regular words I like the sound of that.

Yes "right to use" makes sense, thank you!

Clare

I would say yes, but be sure to specify that ONLY the rights specified herein (limited reproduction, specific one time use, or whatever) are conveyed and all other rights and usage belong strictly to the photographer. I would also make sure to specify that it is a limited use agreement and that copyright is not transferred or implicity transferred.

My limited release agreement includes an invoice section agreeing to the compensation in exchange for the usage agreement and has an expiration time frame with an option for renewal with the price for renewal laid out and for how long.

Julio