thisbejonas
15th of June 2009 (Mon), 23:40
Can someone please help me with this. I was contacted about buying one of my pics for a book and this is the license that they sent to me covering what they want for rights. What I dont understand is am I giving them all right to the pic or do I still own it and they just have rights to use it. any help is very apreciated.
IMAGE LICENSE AGREEMENT
NATIONAL GEOGRAPHIC BOOKS
1. Date. June 11, 2009
Agreement. This Agreement entered into between Justashotinthedark.com
2. (“Licensor”) and National Geographic Society, its licensees, affiliates and subsidiaries (“NGS”)
confirms that NGS has purchased the right to use the following image(s) (individually or collectively an
“Image”) in the “Project” set forth below in the following manner:
Project title: COMPLETE PARKS
Project #: B10840
Image: #2968256248_c8de5f17d8_o
Size: Full Page
Fee: $300
3. English Language Rights. Publication in all print or digital editions of the Project with the following
rights: non-exclusive, worldwide, in the English language, at the rates listed below.
a. In a total of up to 50,000 copies, in the English language, at the rates listed below.
Cover 2x the inside page rate, according to size
Back Cover 1.5x the inside page rate, according to size
Full Page $250.00
.75 Page $190.00
.50 Page $125.00
.25 Page $100.00
Spot (maximum 2”) $ 75.00
b. In more than 50,000 copies of the Project at the rates listed below. If NGS has already purchased
publication rights in up to 50,000 copies of the Project, NGS shall pay only the difference between
the rates above and those below for such additional copies.
c. If multiple Images are used on the front or back cover of the Project, the following rate discount
will apply:
• 2-4 Licensor Images: 15% discount on applicable cover rate
• 5-7 Licensor Images: 25% discount on applicable cover rate
• 8 or more Licensor Images: 35% discount on applicable cover rate
d. If the same Image is used multiple times in a Project, the following rate discount will apply:
• The first use will be at the rate for such use as set forth above.
• The second and any subsequent use will be at 50% of the rate for use set forth as above.
• The cap on NGS fees for multiple uses is 100% of the value of the most expensive use.
Cover 2x the inside page rate, according to size
Back Cover or Spine 1.5x the inside page rate, according to size
Full Page $300.00
.75 Page $225.00
.50 Page $150.00
.25 Page $120.00
Spot (maximum 2”) $ 90.00
e. If NGS uses any Image for promotion of the Project, in anticipation of using it editorially in the
Project, and then later determines based on layout changes and adjustments not to use the Image
editorially in the Project, then NGS will pay Licensor an additional fee of 25% of the rate paid to
Licensee for such Image to compensate Licensee for what became a purely promotional use.
4. Foreign Language Rights Option. NGS may purchase the right to use the Images in local language
print or digital editions of the Project or as part of an Online Extension (defined below) in substantially the
same manner as the English language edition of the Project, on a non-exclusive, worldwide basis in any or
all languages listed below, at the percentage rate of the original English language page rate listed below per
language, with the understanding that such local language editions of the Project may be modified or edited
to suit the needs of the local market. However, the purchase price for the use of the Image in any or all
languages shall not exceed 100% of the English language page rate for inclusion in all of the local language
editions of the Project. If NGS uses an Image for a local language edition of the Project in a size that is
greater than or is in addition to the use purchased above (e.g. as a cover or in the table of contents), then
NGS will make an additional payment for the right to use the Image in the local language edition, at the
percentage rate listed below per language of the agreed English language rate which corresponds with the
new Image use.
10% 15% 20%
Chinese (Including all other local
languages in China)
Japanese
Korean
Middle East and Africa (Arabic, Greek,
Hebrew, Turkish, Persian, Afrikaans, Swazi,
Zulu, Sotho, Xhosa, Kiswahili, Amharic,
Swahili and all other local languages)
Balkans, Russia, and Eastern Europe
(Polish, Czech, Slovak, Hungarian, Serbo-
Croatian, Slovenian, and all languages of
the ex-Yugoslavia, Bulgarian, Romanian,
Russian, Lithuanian, Latvian, Estonian,
Ukrainian, Belarusian, and all local
languages of other former Soviet States
including Kazakhstan, Uzbekistan,
Turkmenistan and Moldova)
South Asia (Thai, Indonesian, Malay,
Tagalog, Singhalese, Indian -- Hindi and all
any other local languages in India exclusive
of English, Pakistani, Afghan, Bangladesh,
including all other local languages in
territory, South Asia)
Portuguese
Dutch
Italian
Nordic (Finnish, Danish,
Swedish, Norwegian)
French
German
Spanish (Catalan and any other
local languages in Spain or
Latin America)
Appearance of an Image in the English-language edition may occur at a different time than publication1 of
a local language edition of the Project as provided for and subject to the payment of the additional fees set
forth above.
1 For the purposes of this Agreement, “publication” is deemed to occur on the first day of the month
printed on the issue of the Project, if the Project is a magazine, and the first day that the Project is available
to the public for retail purchase, if the Project is a book.
5. Promotion Rights. This License grants NGS the right to use the Image as it appears in the Project
(“Product Shot”)2, to promote the Project, worldwide, for the life of the Project, in all media now known or
hereinafter known or developed. NGS is expressly authorized to allow third party online booksellers to use
the Image in a Product Shot in online features that enable visitors to view and search through Projects being
sold online, worldwide in perpetuity.
NGS may also use the Image, separate from the context of the Project in which it appears (“Stand Alone
Use”), solely to promote the Project, worldwide, for the life of the Project, in the following print and
electronic media only: in print catalogs of print runs of up to 25,000, point of purchase advertising,
television advertisements, websites, exhibitions, and in publicity materials for distribution to the press (e.g.,
press kits). If NGS exercises the Foreign Language Rights Option set forth in the preceding paragraph,
then Stand Alone Use applies for the life of such local language edition. If any Image is chosen as the
cover photo for any edition of the Project, NGS may also use the Image in all media worldwide in
perpetuity as a Product Shot of that edition for marketing, promotion and exhibition of the Project.
6. Online Extension. NGS may purchase the following rights to publish the Image on any “National
Geographic” branded web page: one-time, non-exclusive, worldwide, in any and all languages (though no
more than one time in each language in the same territory), and solely as an editorial extension of the
Project (“Online Extension”). NGS may use an Image any where on any “National Geographic” branded
web site or a “National Geographic” branded website and third party co-branded website in perpetuity (the
“Website”) as a link to web pages on the Website that contain the Image. The rate for these rights is $75.00
per Image.
7. No Modification. Except for color correction, digitizing or cropping, NGS will neither make nor
permit any modifications to or alterations of the Image including, without limitation, any combination of
the Image with any other material, by use of computer or other electronic means or any other method or
means now or hereafter known, unless otherwise agreed in writing by you.
8. License. Any provision in this Agreement to the contrary notwithstanding, NGS may license and sublicense
to third parties any of it rights hereunder as necessary to use the Image as set forth in this
Agreement for the license of such Image; provided, (i) any Image licensed hereunder may only be used in
the Project and such Project shall always carry an NGS trademark and be subject to NGS’ final editorial
control as pertains to use of the Image; and (ii) NGS shall remain liable for any breach of the Agreement or
any license agreement with a third party that includes use of the Image as described in the paragraph
License.
Please sign below to confirm the Fee and Rights, and return by fax to my attention at the number below.
Your signature on behalf of Licensor indicates agreement to the Rights and Fees described in this letter and
to these terms overriding any conflicting terms on either the front or reverse of an invoice from Licensor
for this transaction. You warrant and represent that you have the authority to enter into this agreement and
to grant the Rights on behalf of Licensor. You agree to indemnify NGS for the warranty and representation
above. NGS is unable to process payment until Licensor returns this document with the authorized
person’s signature below. NGS will make payment to Licensor at the address below unless Licensor
specifies otherwise in writing. This communication contains all of terms of the agreement between you and
NGS; it may be changed only by a writing acknowledged by both parties. This agreement is shall be
governed by and construed under the laws of the District of Columbia, United States applicable to
agreements made and fully performed therein. The parties also agree that they will resolve any disputes by
arbitration in Washington, D.C. pursuant to the then existing rules of the American Arbitration Association.
If Licensor has any questions please contact me by telephone, facsimile or email. Thank you for your
cooperation and prompt response.
2 “Product Shot” as used in this License refers to a depiction of the Image as it appears in the Project,
subject to minor layout changes and adjustments other than Image size that may be made to the Project
between pre-publication promotion of the Project and publication of the Project.
NATIONAL GEOGRAPHIC SOCIETY LICENSOR
1145 17th Street, NW
Washington, D.C. 20036-4688
By:_________________________________ By:_________________________________
Print Name: Meredith Wilcox Print Name: __________________________
Title: Administrative Director, Illustrations Title: _______________________________
Email: mwilcox@ngs.org Email: ______________________________
Telephone: 001-202-828-5484 Telephone: __________________________
Fax: 001-202-429-5727
Preferred Credit
Line ______________________________________
IMAGE LICENSE AGREEMENT
NATIONAL GEOGRAPHIC BOOKS
1. Date. June 11, 2009
Agreement. This Agreement entered into between Justashotinthedark.com
2. (“Licensor”) and National Geographic Society, its licensees, affiliates and subsidiaries (“NGS”)
confirms that NGS has purchased the right to use the following image(s) (individually or collectively an
“Image”) in the “Project” set forth below in the following manner:
Project title: COMPLETE PARKS
Project #: B10840
Image: #2968256248_c8de5f17d8_o
Size: Full Page
Fee: $300
3. English Language Rights. Publication in all print or digital editions of the Project with the following
rights: non-exclusive, worldwide, in the English language, at the rates listed below.
a. In a total of up to 50,000 copies, in the English language, at the rates listed below.
Cover 2x the inside page rate, according to size
Back Cover 1.5x the inside page rate, according to size
Full Page $250.00
.75 Page $190.00
.50 Page $125.00
.25 Page $100.00
Spot (maximum 2”) $ 75.00
b. In more than 50,000 copies of the Project at the rates listed below. If NGS has already purchased
publication rights in up to 50,000 copies of the Project, NGS shall pay only the difference between
the rates above and those below for such additional copies.
c. If multiple Images are used on the front or back cover of the Project, the following rate discount
will apply:
• 2-4 Licensor Images: 15% discount on applicable cover rate
• 5-7 Licensor Images: 25% discount on applicable cover rate
• 8 or more Licensor Images: 35% discount on applicable cover rate
d. If the same Image is used multiple times in a Project, the following rate discount will apply:
• The first use will be at the rate for such use as set forth above.
• The second and any subsequent use will be at 50% of the rate for use set forth as above.
• The cap on NGS fees for multiple uses is 100% of the value of the most expensive use.
Cover 2x the inside page rate, according to size
Back Cover or Spine 1.5x the inside page rate, according to size
Full Page $300.00
.75 Page $225.00
.50 Page $150.00
.25 Page $120.00
Spot (maximum 2”) $ 90.00
e. If NGS uses any Image for promotion of the Project, in anticipation of using it editorially in the
Project, and then later determines based on layout changes and adjustments not to use the Image
editorially in the Project, then NGS will pay Licensor an additional fee of 25% of the rate paid to
Licensee for such Image to compensate Licensee for what became a purely promotional use.
4. Foreign Language Rights Option. NGS may purchase the right to use the Images in local language
print or digital editions of the Project or as part of an Online Extension (defined below) in substantially the
same manner as the English language edition of the Project, on a non-exclusive, worldwide basis in any or
all languages listed below, at the percentage rate of the original English language page rate listed below per
language, with the understanding that such local language editions of the Project may be modified or edited
to suit the needs of the local market. However, the purchase price for the use of the Image in any or all
languages shall not exceed 100% of the English language page rate for inclusion in all of the local language
editions of the Project. If NGS uses an Image for a local language edition of the Project in a size that is
greater than or is in addition to the use purchased above (e.g. as a cover or in the table of contents), then
NGS will make an additional payment for the right to use the Image in the local language edition, at the
percentage rate listed below per language of the agreed English language rate which corresponds with the
new Image use.
10% 15% 20%
Chinese (Including all other local
languages in China)
Japanese
Korean
Middle East and Africa (Arabic, Greek,
Hebrew, Turkish, Persian, Afrikaans, Swazi,
Zulu, Sotho, Xhosa, Kiswahili, Amharic,
Swahili and all other local languages)
Balkans, Russia, and Eastern Europe
(Polish, Czech, Slovak, Hungarian, Serbo-
Croatian, Slovenian, and all languages of
the ex-Yugoslavia, Bulgarian, Romanian,
Russian, Lithuanian, Latvian, Estonian,
Ukrainian, Belarusian, and all local
languages of other former Soviet States
including Kazakhstan, Uzbekistan,
Turkmenistan and Moldova)
South Asia (Thai, Indonesian, Malay,
Tagalog, Singhalese, Indian -- Hindi and all
any other local languages in India exclusive
of English, Pakistani, Afghan, Bangladesh,
including all other local languages in
territory, South Asia)
Portuguese
Dutch
Italian
Nordic (Finnish, Danish,
Swedish, Norwegian)
French
German
Spanish (Catalan and any other
local languages in Spain or
Latin America)
Appearance of an Image in the English-language edition may occur at a different time than publication1 of
a local language edition of the Project as provided for and subject to the payment of the additional fees set
forth above.
1 For the purposes of this Agreement, “publication” is deemed to occur on the first day of the month
printed on the issue of the Project, if the Project is a magazine, and the first day that the Project is available
to the public for retail purchase, if the Project is a book.
5. Promotion Rights. This License grants NGS the right to use the Image as it appears in the Project
(“Product Shot”)2, to promote the Project, worldwide, for the life of the Project, in all media now known or
hereinafter known or developed. NGS is expressly authorized to allow third party online booksellers to use
the Image in a Product Shot in online features that enable visitors to view and search through Projects being
sold online, worldwide in perpetuity.
NGS may also use the Image, separate from the context of the Project in which it appears (“Stand Alone
Use”), solely to promote the Project, worldwide, for the life of the Project, in the following print and
electronic media only: in print catalogs of print runs of up to 25,000, point of purchase advertising,
television advertisements, websites, exhibitions, and in publicity materials for distribution to the press (e.g.,
press kits). If NGS exercises the Foreign Language Rights Option set forth in the preceding paragraph,
then Stand Alone Use applies for the life of such local language edition. If any Image is chosen as the
cover photo for any edition of the Project, NGS may also use the Image in all media worldwide in
perpetuity as a Product Shot of that edition for marketing, promotion and exhibition of the Project.
6. Online Extension. NGS may purchase the following rights to publish the Image on any “National
Geographic” branded web page: one-time, non-exclusive, worldwide, in any and all languages (though no
more than one time in each language in the same territory), and solely as an editorial extension of the
Project (“Online Extension”). NGS may use an Image any where on any “National Geographic” branded
web site or a “National Geographic” branded website and third party co-branded website in perpetuity (the
“Website”) as a link to web pages on the Website that contain the Image. The rate for these rights is $75.00
per Image.
7. No Modification. Except for color correction, digitizing or cropping, NGS will neither make nor
permit any modifications to or alterations of the Image including, without limitation, any combination of
the Image with any other material, by use of computer or other electronic means or any other method or
means now or hereafter known, unless otherwise agreed in writing by you.
8. License. Any provision in this Agreement to the contrary notwithstanding, NGS may license and sublicense
to third parties any of it rights hereunder as necessary to use the Image as set forth in this
Agreement for the license of such Image; provided, (i) any Image licensed hereunder may only be used in
the Project and such Project shall always carry an NGS trademark and be subject to NGS’ final editorial
control as pertains to use of the Image; and (ii) NGS shall remain liable for any breach of the Agreement or
any license agreement with a third party that includes use of the Image as described in the paragraph
License.
Please sign below to confirm the Fee and Rights, and return by fax to my attention at the number below.
Your signature on behalf of Licensor indicates agreement to the Rights and Fees described in this letter and
to these terms overriding any conflicting terms on either the front or reverse of an invoice from Licensor
for this transaction. You warrant and represent that you have the authority to enter into this agreement and
to grant the Rights on behalf of Licensor. You agree to indemnify NGS for the warranty and representation
above. NGS is unable to process payment until Licensor returns this document with the authorized
person’s signature below. NGS will make payment to Licensor at the address below unless Licensor
specifies otherwise in writing. This communication contains all of terms of the agreement between you and
NGS; it may be changed only by a writing acknowledged by both parties. This agreement is shall be
governed by and construed under the laws of the District of Columbia, United States applicable to
agreements made and fully performed therein. The parties also agree that they will resolve any disputes by
arbitration in Washington, D.C. pursuant to the then existing rules of the American Arbitration Association.
If Licensor has any questions please contact me by telephone, facsimile or email. Thank you for your
cooperation and prompt response.
2 “Product Shot” as used in this License refers to a depiction of the Image as it appears in the Project,
subject to minor layout changes and adjustments other than Image size that may be made to the Project
between pre-publication promotion of the Project and publication of the Project.
NATIONAL GEOGRAPHIC SOCIETY LICENSOR
1145 17th Street, NW
Washington, D.C. 20036-4688
By:_________________________________ By:_________________________________
Print Name: Meredith Wilcox Print Name: __________________________
Title: Administrative Director, Illustrations Title: _______________________________
Email: mwilcox@ngs.org Email: ______________________________
Telephone: 001-202-828-5484 Telephone: __________________________
Fax: 001-202-429-5727
Preferred Credit
Line ______________________________________