Everything You Need To Know About Your Photography Licence
In Short
You need to know that Laura Pearman Creative retains ALL copyright to every single image shot. No client or subject has any claims to the creations of Laura Pearman Creative as is stated in common copyright law.
I know that you need to use the photography we have created together for commercial gains. That is to say that you have photography to promote your business success. So that you are covered for your own usage of your photography in a commercial way, you have been given a Licence to use your images in this way.
In Detail
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Definitions
For the purposes of this agreement ‘the client’ shall where the context so admits include their respective assignees, sub-licensees and successors in title.
In cases where the Photographer’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both ‘the Agency’ and ‘the Advertiser’ shall be interpreted as references to the Photographer’s client.
“Photographs” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
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Copyright
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
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Ownership Of Materials
Title to all Photographs remains the property of the Photographer. When the Licence to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days.
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Use
The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. The Licence only applies to the advertiser and product as stated on the front of the form and its benefit shall not be assigned to any third party without the Photographer’s permission. Accordingly, even where any form of ‘all media’ Licence is granted, the Photographer’s permission must be obtained before any use of the Photographs for other purposes eg use in relation to another product or sub-licensing through a photo library. Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.
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Exclusivity
The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the Licence To Use, the Photographer shall be entitled to use the Photographs for any purposes.
Client Exclusivity is agreed as part of planning on a case by case basis. Terms to this can be found in personalised Licence To Use.
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Client Confidentiality
The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out her obligations in relation to the commission.
Should the Client wish to introduce additional confidentiality clauses to any work, the Photographer will need to be made fully aware in advance of the commission.
Performer Headshots, Acting Headshots, Musician Headshots
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Indemnity
The Photographer agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which she was responsible in respect of third party copyright works, trademarks, designs, or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases, the Agency shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
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Payment
Payment by the Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days, The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
Any Queries On Your Licence?
If you or any of your suppliers or team members have any concerns when it comes to the level of release granted to you in your headshots session, it’s best to get in contact. You can do that here.
