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Old 16th of November 2007 (Fri)   #1
bcdoug
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Default non commercial use clause?

i am looking for a short statement regarding non commercial use of photos.

i am giving a cd of some photos i took this summer of a boat to the owner, but i want some clause on the cd saying they are for non commerical use only. i don't want him putting them up on a web site and trying to sell them.

anyone got a short text file with a decent non commercial use statement?
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Old 16th of November 2007 (Fri)   #2
rhys
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Default Re: non commercial use clause?

License of Rights


AGREEMENT, entered into as of the _____ day of ___________, 20 _____, between ________________________,
located at __________________________________________________ ___ (hereinafter referred to as the “Client”) and_______________________________________, located at _______________________________________
(hereinafter referred to as the “Photographer”) with respect to the licensing of certain nonelectronic rights in the Photographer’s photograph(s) (hereinafter referred to as the “Work”).

1. Description of Work. The Client wishes to license certain nonelectronic rights in the Work which the Photographer has created and which is described as follows:

Title_____________________________________________ _____________ Number of images_________
Subject matter____________________________________________ _______________________________
__________________________________________________ ___________________________________ .
Form in which work shall be delivered [ ] computer file (specify format __________________)
[ ] original transparency (size ___________) [ ] dupe (size ___________)

2. Delivery Date. The Photographer agrees to deliver the Work within _____ days after the signing of this Agreement.

3. Grant of Rights. Upon receipt of full payment, Photographer grants to the Client the following nonelectronic
rights in the Work:

For use as_______________________________________________i n the____________________language
For the product or publication named_____________________________________________ _____________
In the following territory_________________________________________ __________________________
For the following time period____________________________________________ ____________________
With respect to the usage shown above, the Client shall have nonexclusive rights unless specified to the contrary
here __________________________________________________ ________________________________
If the Work is for use as a contribution to a magazine, the grant of rights shall be for one time North American
serial rights only unless specified to the contrary above.
Other limitations_______________________________________ _________________________________

If the Client does not complete its usage under this Paragraph 3 by the following date_________________, all
rights granted but not exercised shall without further notice revert to the Photographer without prejudice to the
Photographer’s right to retain sums previously paid and collect additional sums due.

4. Reservation of Rights. All rights not expressly granted hereunder are reserved to the Photographer, including but
not limited to all rights in preliminary materials and all electronic rights. For purposes of this agreement, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from
such media as computer disks, CD-ROM, computer databases, and network servers.

5. Fee. Client agrees to pay the following: [ ] $__________ for the usage rights granted, or [ ] an advance of $____
to be recouped against royalties computed as follows ______________________________________________
__________________________________________________ ____________________________________

6. Additional Usage. If Client wishes to make any additional uses of the Work, Client agrees to seek permission
from the Photographer and make such payments as are agreed to between the parties at that time.

7. Alteration. Client shall not make or permit any alterations, whether by adding or removing material from the
Work, without the permission of the Photographer. Alterations shall be deemed to include the addition of any
illustrations, photographs, sound, text, or computerized effects, unless specified to the contrary here__________
__________________________________________________ ____________________________________

8. Payment. Client agrees to pay the Photographer within thirty days of the date of Photographer’s billing, which
shall be dated as of the date of delivery of the Work. Overdue payments shall be subject to interest charges of _____ percent monthly.

9. Loss, Theft, or Damage. The ownership of the Work shall remain with the Photographer. Client agrees to assume
full responsibility and be strictly liable as an insurer for loss, theft, or damage to the Work and to insure the Work
fully from the time of shipment from the Photographer to the Client until the time of return receipt by the Photographer. Client further agrees to return all of the Work at its own expense by registered mail or bonded courier which provides proof of receipt. Reimbursement for loss, theft, or damage to any Work shall be in the
following amount:________________________________
Both Client and Photographer agree that these specified value(s) represent the fair and reasonable value of the
Work. Unless the value for an original transparency is specified otherwise in this paragraph, both parties agree
that each original transparency has a fair and reasonable value of $1,500 (Fifteen Hundred Dollars). Client agrees
to reimburse Photographer for these fair and reasonable values in the event of loss, theft, or damage.

10. Samples. Client shall provide Photographer with _____ samples of the final use of the Work.

11. Copyright Notice. Copyright notice in the name of the Photographer [ ] shall [ ] shall not accompany the Work when it is reproduced.

12. Credit. Credit in the name of the Photographer [ ] shall [ ] shall not accompany the Work when it is reproduced. If the Work is used as a contribution to a magazine or for a book, credit shall be given unless specified to the contrary in the preceding sentence.

13. Releases. The Client agrees to indemnify and hold harmless the Photographer against any and all claims, costs,
and expenses, including attorney’s fees, due to uses for which no release was requested, uses which exceed the uses
allowed pursuant to a release, or uses based on alterations not allowedpursuant to Paragraph 7.

14. Arbitration. All disputes arising under this Agreement shall be submitted to binding arbitration before ________
____________________________ in the following location _____________________________________
and settled in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration
award may be entered in any court having jurisdiction thereof. Disputes in which the amount at issue is less than $____________ shall not be subject to this arbitration provision.

15. Miscellany. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can
be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall
be governed by the laws of the State of ___________________.

In Witness Whereof, the parties hereto have signed this Agreement as of the date first set forth above.


Photographer________________________________ Client__________________________________
Company Name


By:___________________________________________
Authorized Signatory, Title
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Old 16th of November 2007 (Fri)   #3
bcdoug
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Default Re: non commercial use clause?

that's a pretty in depth license.. and a bit more than what i was looking for.

i was hoping for something along the lines of "you are hereby granted non exclusive non commercial use....."

just a short paragraph or two stating they can't sell the pics and they are mine mine mine all mine.
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Old 17th of November 2007 (Sat)   #4
PhotosGuy
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Default Re: non commercial use clause?

Good one, Rhys!
Quote:
just a short paragraph or two stating...
I put this on my invoice for the car guys so they can print their images:

Unless otherwise noted, all materials contained in this job order are copyrighted
and may not be used except as provided in these terms and conditions:
Changes or additions: Images may be made for personal use.
2007 Frank Cizek
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Old 17th of November 2007 (Sat)   #5
rhys
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Default Re: non commercial use clause?

I bought a book of photography contracts from Books a million.
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Old 20th of November 2007 (Tue)   #6
themichael
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Default Re: non commercial use clause?

You can also use Creative Commons. The website can generate a nice license for whatever level you want. Public Domain to "I keep it all". I put a custom one in CDs I give to models so they can reprint at Wal-whatever.
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Old 19th of April 2012 (Thu)   #7
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Default Re: non commercial use clause?

I love this forum. Here I am searching the internet for a boilerplate licensing agreement for someone who wants a digital image and POTN comes through.
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