Usage Agreements - Advice please

Discussion in 'General Shop Talk' started by kundalini, Jun 20, 2009.

  1. kundalini

    kundalini Been spending a lot of time on here!

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    The volunteer coordinator at the animal shelter I shoot for has a rescue operation on the side and is moving to a new and improved location with greater visibility and foot traffic. She wants to print some of my photos (24x36 and up) to put on display. She also wants me to have business cards available for potential pet portrait work from passersby and give me photo credit. I have absolutely no problem donating the images, but I want everyone to be protected.... especially me. :D

    I know we should have a 'usage agreement' so she can have my permission to display and possibly sell the print. I certainly want to keep the rights of the images for any possible sales.

    Any links to such an agreement or your sage advice will be greatly appreciated.
     
  2. rabhobbes

    rabhobbes TPF Noob!

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    I have an agreement with our local humane society...basically that they can use the images I take ( crediting me when possible) and I can use them as well for anything. It's win-win as far as exposure for me and good pix for them. I also have cards and small display set up there.
    I don't have any link for you, but you can restate : "she can have my permission to display and possibly sell the print. I certainly want to keep the rights of the images for any possible sales." into a tweaked model release, then have them and you both sign it, as a start.
    .
    She is paying for those enlargements, right?
    Good luck!
     
  3. KmH

    KmH Helping photographers learn to fish Supporting Member

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    All you are donating is a use license unless you are paying for the prints. If you are, the cost of prints is probably tax deductable.

    Does she have legal 501(c) status?

    Watermark the images. Large enough to be seen but not intrusive.

    I recommend you get the book:
    "Professional Business Practices in Photography" 7th Edition by the American Society of Media Photographers (ASMP).

    Chapter 3 covers how to write a license.

    You need to clearly identify the parties, any media permissions, any constraints requirements or conditions, and image information.

    Then you'll want to read Chapter 10 about how you handle it when the client exceeds the license.

    You'll want to be sure and specify how long the license is good for, I'd make it a year to start.

    Make it non-exclusive so you can use the images for your own purposes. I would keep control of the sale of prints but you can surprise her with a personal donation if any sell. That could also be a taxable deduction off your income taxes.

    Limit use to your region but let her use the images on a web site if she has one.

    Be sure to reiterate you are the copyright owner and you reserve all rights.

    Hope that helps.
     
  4. kundalini

    kundalini Been spending a lot of time on here!

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    Thanks Rebecca and Keith.

    The cost of printing will be their nickel.

    I've noticed that you have recommended that book more than once Keith, so I guess I'll order it this weekend.


    Anyone else wish to chime in?
     

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