This is an agreement through which a photographer gives a license for nonelectronic rights for a work belonging to the photographer to a client for use as specified. Also available online at: http://www.atdlines.com/form25.htm.
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 nonelectronic rights in the Photographer's photograph(s) (hereinafter referred to as the "Work").
1. Description of Work. The Client wishes to license certain rights in the Work which the Photographer has created and which is described as follows:
Title: Title of Work
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;
2. Delivery Date. The Photographer agrees to deliver the Work within Delivery Term days after the signing of this Agreement.
3. Grant of Rights. Upon receipt of full payment, Photographer grants to the Client the following nonexclusive rights in the Work:
For use asUse Description
For the product or publication named Production/Publication Name
With respect to the usage shown above, the Client shall have nonexclusive rights.
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. However, the Client may use the file of the Work in a slideshow while promoting the publication and on a website promoting the publication if the Photographer is
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, text, or computerized effects, excluding labeling of the title and artist below the photograph.
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. Copyright Notice. Copyright notice in the name of the Photographer shall or shall not be listed in the publication separately.
12. Credit. Credit in the name of the photographer shall be listed in the publication, but credit does not need to be listed next to the Work.
14. 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.
In Witness Whereof, the parties hereto have signed this Agreement as of the date first set forth above.