Defining and Understanding Licensing and Usage in a Photography Contract

the video you're about to watch was originally recorded as part of a breakdown of my portrait photography contract it's the definition section and a lot of it deals with the terminology around usage and Licensing of imagery so what I'm going to do is I'm I'm actually just going to make it its own separate video because it turned out to be rather lengthy when I was recording the video and I figured it would be a good video on its own so enjoy that now and if you find it helpful please uh give it a like give it a thumbs up uh subscribe to the channel and turn on the notifications if you want more videos to help you grow and run your photography business thank you definitions we need to spell out exactly what it is the terms mean within the contract and so uh this section I got from the pricing and negotiating blog and these are the terms and conditions that are often used that wonderful machine puts out and those are public and on display in the a photo editor blog under the pricing and negotiation section I will have changed some of the wording here to apply to me but a lot of it is pretty standard language images footage video or photographs here in uh known as work are any copyrightable materials created as a part of the project as agreed to by the Creator and the client or agency client is the leny of the work as detailed in the job description here in so this is clarifying that the client is licensing images they are not not owning the images they are not getting the copyright of the images in North America the photographer owns the copyright in uh the US it can be a work for hire agreement but for me here in Canada work for hire doesn't exist so I need to clarify that the client is licensing the images and not owning the images a lot of people just don't understand that I don't necessarily need to include that because that's the law but I need to make sure that people are agreeing to it and signing it off even if they don't read the contract act line for line when they sign it they're agreeing to it even though they don't need to agree to it because it it's just copyright law editorial okay so editorial use is when the client publishes the work in their own editorial publication for the purposes of educating Andor conveying news information or Fair comment opinion which is available for sale to the general public and which does not seek or accept sponsorship to or in itself promote a specific product person service or company so this is not a brochure for a product it is a an opinion-based publication that someone might produce it's a magazine for most intents and purposes publicity use is when the client submits the work to an outside editorial publication whether print or electronic uh such as a blog or uh an electronic based news website for editorial use only and the client or agency is not paying for that use or placement so that means if I'm photographing uh portraits of someone uh and the client or agency hires me to do that for publicity that means they are allowed to use the images to submit to Publications when I am doing uh sort of like uh work for free and I'm just collaborating with someone they uh generally are not going to get publicity rights because the magazine tends to uh pay photographers for the use of photos I want to make sure that I'm getting compensated for the images that I am creating I don't want an image that I'm creating for someone whether they've paid me or not to end up on the cover of a magazine and then I don't get paid for that a good chunk of my income used to come from editorial Publications and magazines advertising advertising use is when the client or agency is paying for the placement of the work on or in whatever media it appears advertising pays really well if you're paying for the image to be put in an ad on a billboard or in a magazine or uh in electronic form on uh an Instagram ad or a Facebook ad if they're paying for placement that is advertisement collateral use is when the work appears in or on a platform that the client or agency wholly controls and produces such as a company website uh annual report brochure or social media profile and is intended to promote a commercial product service personality or brand head shots are business collateral LinkedIn head shots um acting head shot anything that a company might hire me for for those images to go onto like a company website that's collateral if you're taking photos of a real estate agent agent and those photos end up on a business card a business card is literally collateral that's what we call collateral public display use is when the work is shown or displayed in a client maintained space open to public viewing such as a corporate office a trade show or a public event and the client or agency is not purchasing advertising space to allow for the placement of the work within the media or location it appears I recently had a friend of mine give a portrait that I have taken of him to a festival here in the city and they used it uh in public display they used it as part of an open event and and like a a pretty large event I was not even asked it was an Arts Festival too and they should have known better when it came to copyright and Licensing they didn't they apologized I'm happy with that I've moved on but uh this is the kind of thing where if you're working with a friend and you're providing images for them they can't just give their images to another company or organization to use in in an event in like a like a large public event which is what happened in this case and uh it it was it was a little shocking a little jarring but I'm I'm over it and uh and we're moving on private display similarly is when the work is shown or displayed in a non-commercial private space closed to public viewing and the use of which does not promote a commercial product service personality or brand point of purchase or point of sale here in as a POS use is when the work is included in a non-paid placement print or electronic indoor display for the purpose of promoting a product service or Corporation within a thirdparty retail space or client location for example if you do images for a fashion brand or shoe company and those images are displayed in the store in a mall that is point of sale so when you go to a mall and there are photos in the window and the Gap has uh like massive photos in their store those are POS imagery and and that's uh usage for point of purchase or point of sale packaging use is when the work is printed or displayed on the packaging for a commercial or retail product uh still life images of Cosmetics would be packaging use unlimited use includes all editorial publicity advertising collateral public Display and Packaging uses of the work defined herein giving someone unlimited usage you can say here's an image use it however you want I will never get compensated you never have to pay me for the uses of the usage of this image ever again anywhere else and that is basically signing away money things have become more especially in Canada over the last like 10 years people want more and more unlimited use in perpetuity and in perpetuity means forever you take the shot and you get paid once and that's it that's not how advertising works and that's not how a lot of higher end clients work but if it's like head shots of a real estate agent that's it you're you're never getting paid pay for that again and a lot of real estate agents just don't have the money to pay you for advertising there are real estate agents in my city whose like face is on every second billboard and that photographer probably made a few hundred for those images and then they are now part of like a $100,000 media campaign if they did give unlimited usage on those images they should not have because they are uh entitled to advertising usage fees for that media is the medium in which the work is reproduced inserted displayed or placed by the client or agency where's it going is it a magazine is it a Blog is it a billboard what is it consumer use is when the media in which the work appears is directed toward Andor available to the general public can someone buy this is it a is it something that somebody can buy can can somebody see it can somebody be a consumer of it trade use is when the media in which the work appears is directed towards specific Industries professionals or special interest groups for commercial promotional or advertising purposes and is not available to the general public and these are would be trade magazines I've done a number of portraits for trade magazines like um oil and gas industry magazine or uh professional association magazine trade magazines are pretty much generally specific to an industry or trade there are restaurant trade magazines that I've worked with in the past have shot cover images for that as well out of home uh this is known as o and out of home is all paid uh placement display is viewable to the general public from any public or private space so if you're out of your home and you can see the image on a poster on a billboard on a at a bus stop in in a poster or on a bench on the side of a bus inside a bus inside the subway posters inside the subway station that's all out of home so if you are out of your home and you can see the work that's o h that's out of home broadcast is all Network and subscription television and radio lits TV radio but also streaming services as well print is all printed mediums excluding packaging out of home and point of sale newspapers magazines if it's not uh packaging if it's not out of home and it's not POS then it's just a general term is print web is all mediums accessible exclusively via an internet browser or internet-based software so if it's going to be online on a website then that is web and finally electronic and electronic is All Digital and web mediums excluding broadcast TV packaging out of home and point of sale and so those are the definitions that I have in my contract that's going to be the probably the majority of this video is just the definitions and and getting through those and explaining to you what each of those means well you're still here and I hope the video was helpful for you if it was please give it a like give it a thumbs up and subscribe to the channel for more videos like this also I'm going to uh link to the next video that this was originally a part of which is the breakdown of my portrait photography contract and uh you'll be able to click on that right here when that video goes live thanks for watching uh stick around I'll see you in the next one take care