This is an agreement through which a photographer gives a license for image rights for a work belonging to the photographer to a client for use as specified.
Agreement, entered into as of Agreement Date, between Client Name, located at Client Address (hereinafter referred to as the "Client") and Photographer Name, located at Photographer Address (hereinafter referred to as the "Photographer") with respect to the licensing of certain image rights in the Photographer's photograph(s) (hereinafter referred to as the "Work").
1. Description of Work. The Client wishes to license certain image rights in the Work which the Photographer has created and which is described as follows:
Number of images: Number of Images
Subject matter: Description of Subject Matter of Work
Form in which work shall be delivered: Description of Form in which Work shall be delivered
If computer file, specify format; if original transparency, specify size; if duplicate, specify size.
2. Delivery Date. The Photographer agrees to deliver the Work within Delivery Term days after the signing of this Agreement and full payment.
3. Grant of Rights. Upon receipt of full payment, Photographer grants to the Client the following image rights in the Work:
For use as Use Description
For the product or publication named Production/Publication Name
In the following territory: Territory Name
For the following time period: Use Time Period
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: Usage Price for the usage rights granted.
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.
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.
9. Ownership. The ownership of the Work shall remain with the Photographer.
10. Copyright Notice. Copyright notice in the name of the Photographer shall or shall not accompany the Work when it is reproduced.
11. Credit. Credit in the name of the Photographer shall or 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.
12. 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 allowed pursuant to Paragraph 7.
In Witness Whereof, the parties hereto have signed this Agreement as of the date first set forth above.