any recs for a good licensing agreement?

Discussion in 'Beyond the Basics' started by gabelimom, Jul 15, 2008.

  1. gabelimom

    gabelimom TPF Noob!

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    Hi everyone-

    I was recently contacted by a (very small) magazine to license one of my images. I've been searching the internet for a good licensing agreement. Can anyone recommend one? They're asking for one-time usage for the magazine, and the image will be archived online. I want to make sure they don't reuse the image over and over again.

    Thanks in advance to all my TPF friends!!!:hug::
     
  2. astrostu

    astrostu Guest

    Have you asked if they have a standard license agreement? Usually companies do, and then you can look over it and say "you need to add this" or something like that if you feel it's unfair in some way.

    When I did my big advertising sale (well, my only one, so I guess it's both "big" and "small"), it was a simple contract that we both signed. Basically it outlined their use and the payment plus any renewal.

    More specifically, it listed both our addresses and contact info at the top. Then it had Project Description which was a 1-line summary.

    Next was "Usage Fee" which listed the money to be paid.

    Then "Advertising Use" which said, "Photographer hereby grants Elizabeth Arden and its agency, all rights necessary to use image(s) for Print and Internet/Digital advertising purposes in the following media, including but not limited to: Magazine, Newspaper, In-store, Collateral, Direct Mail, Outdoor, Transit, Web Banners and Websites."

    Then it listed the territory (worldwide), term (1 year), and start date.

    Then "Public Relations Use," which said, "Photographer hereby grants Elizabeth Arden and GS&P all rights necessary to use image(s) as it appears in the Materials for public relations purposes, including without limitation: Press Kits, Editorial Pieces and Promotional Materials, for a period commencing on the date of execution of this Agreement and continuing through the expiration of the Term." It also had an "Internal Corporate Use" which basically said the same thing.

    Then was "Additional Use Options" which said, "Option to buy second year usage at a later date - 4 moons - $3000 Photographer to be notified by November 15, 2008, if rights are to be renewed for another year, and photographer will be paid within 30 days of that notification."

    And finally it listed the "Materials to be provided" which was what I would give them, how I would get it to them, and I had them add in there that I get a copy of the final proof (though I had to nag them quite a bit to end up getting it).
     
  3. gabelimom

    gabelimom TPF Noob!

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    Thanks, Astrostu! That was really helpful. I asked the publication, but since they're so small, they don't have an agreement. With what you mentioned, I can now draw up one that will protect both me and my work. Thanks again!!!!!
     

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