Image Licensing With Monsour’s Photography

It is important to Monsour’s that every client understands that our digital image policies are not arbitrary and reflect a universally accepted standard in the professional photography industry that is upheld and enforced by professional photography associations, intellectual property organizations, and law enforcement institutions worldwide. It is universally accepted that photography and the creative imagery produced by photographers and digital artists are considered the property of the creator regardless of the subject, location, time, or any other factor that may be involved in the creation of an image. The value, usage, and licensing of the image is completely at the discretion of the creator of the image.All image licenses provided by Monsour’s photography are maintained and governed by this licensing policy without exception.

Terms of Use – Your purchase of digital files releases Monsour’s Photography from any liability due to loss or damage of the images, and also releases Monsour’s Photography from any obligation to maintain copies of any digital file, image, or photograph. You hereby grant to Monsour’s Photography the right to unconditionally use and publish images and photographs taken at your photography session for any reason, including portfolio, website, display, advertising, stock, resale, and editorial use. Monsour’s Photography may revoke this license at any time and for any reason. In all cases unless clearly stated in writing MONSOUR’S PHOTOGRAPHY retains complete ownership and original copyright to all images and derivative works thereof, per USC Title 17 (US Copyright Law).

Copyright Infringement – It is illegal to photograph, copy, scan, download, print, share, alter, or otherwise dishonestly acquire or duplicate any image created by Monsour’s Photography during client’s photo session. This applies to “sneak peek” images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client has taken images via any method listed above, or any other method without proper compensation to Monsour’s Photography, the client will be invoiced for the cost of EACH digital image client has stolen, at Monsour’s current price per digital file.

Licensing -The images that are being provided to you are licensed to you for only the uses, medias, and duration stated in your license document, any use outside of your licence constitutes a breach of copyright. If you have received a license it should be in the form of an invoice and will have the images or collection that is being licensed for usage and the usage rights and extents that you are allowed with the image. Your image license may use terms that you may be unfamiliar with, so it is important that you reference this licensing page for clarification of your usage rights and limitations.

Personal Use Licenses – A personal use license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature. You may not enter any Monsour’s Photography images into competitions as your own images without the express written permission of Monsour’s Photography.

Commercial/Editorial License

Licensing Commercial or Editorial Photography is often a complex process of determining the value of a specific image license because of how the image will be used, The investment value of an Image license is most often determined based off an industry standard set of value drivers that both the client and the photographer can easily identify. Below is a list of terms that may help you understand the complexities of commercial image licensing.

How Commercial Licensing Is Quoted.

1. License Type  

Most license types can be classified as one of these three types

Personal Use – A personal use license is for an individual to use for their own personal enjoyment, they may not use the image for for any monetary gain.

Editorial Use – Magazines, blogs textbooks, newspapers and websites use images to support their articles that are informational in nature, Typically editorial licenses are issued for usage in textual content to support the written word andt does not directly create revenue from the use of the image. Editorial usage may also require printed credit to the photographer, models, hair and makeup artists, wardrobe, or other participants on the creative team that created the image.

Commercial Use – Any type of image usage that will result in widespread distribution for the benefit of a business or will create direct or indirect revenue is considered commercial usage.  advertisements, billboards and product images, are all uses that would require commercial licensing.

2. Media Usage

Media usage is defined by what type of media is being used to distribute the image.

Web Media – An image that is placed on a website, social media platform or other internet site is considered web media usage

Print – Printing an image on any type of physical media is considered print usage

Electronic Media –  Digital billboards, video or streaming media or other type of transmitting of the image electronically is considered Electronic media

Any/All Media – A simple catch all that allows you to use any media format to transmit or deliver the image including but not limited to Web, Print, or Electronic media usage.

3. License Duration

The length of time that you will be licensed to use the image, this does not give you the right to use the image indiscriminately. It simply determines how long you retain the image license.  (You need media usage and license rights to reproduce the image)

1 Year/XX Years – Standard licensing defaults to 1 year from the date of first use.

Perpetual – An unlimited amount of time that you reserve the image license, this does not give you the right to use the image indefinitely and indiscriminately. It simply determines how long you retain the image license.

4. License Rights

Rights determine the extent that you will use the image during the time your image is licensed.

Limited – A limited number of uses within the license duration typically described as “2 insertions” or “single run of 5000”

Unlimited – An unlimited number of uses within the license duration

Buyout (Copyright Purchase) – This is the most expensive option as it provides you with unlimited usage as you technically own full rights to the image. Copyright Purchase constitutes that you actually own a shared version of the copyright with the photographer. This does not mean that you own the image but that you own full rights to the image, which is most often a technicality not worth being concerned with. It is extremely rare for a photographer to release full ownership of their image which requires a carefully worded specific purchase agreement. You can expect to pay dearly for either of these usage purchases.

5. Exclusivity

Exclusivity determines if the image will be available to other clients during the license period.

Non-Exclusive – The photographer will be free to license the image to other clients freely

Industry Exclusive – The photographer will not license the image to clients within the same industry as you have defined in the agreement

Exclusive – The photographer will not license the image to any other clients for the duration of your license

6. Region

Determines the regions you are allowed to use the image

Local – The image will be used in a specific city or area (New York City Metro, Kansas City Metro)

Regional – The image will be used in a specific region (Midwest, Southeast)

National – US only. Includes provinces of the US such as the Caribbean and Puerto Rico.

International – Worldwide no global limitations of use

7. Re-use

Determines if you retain the right to re-license the image once it expires.

First Option – Client has first option to re-license once the image license expires

N/A – Client waives the first option to re-license the image when their license expires

 

General Image Use Guidelines

By releasing a digital copy of an image to you, we are entrusting you to protect the image as we would and to represent our work with the respect and care that we would. Be aware that by purchasing any of our images you agree to the terms of usage that we describe in this document.

As a premium photography studio, our focus is on providing the highest quality images that can be purchased. We are tireless in the pursuit of creating one of a kind imagery that captures your imagination and distills the beauty and emotion of a single moment into the perfect image for you. Because of our dedication to the quality of our imagery we are also very careful of our reputation and how our work is represented to the public. It is highly advised to print through our studio so that we can ensure that you are receiving the best quality image possible.

We request that you adhere to the following guidelines when using our digital images.

  • If you are posting any of the digital files to social media (Facebook, Twitter, Pinterest, Instagram* etc.) OR if you share or use any digital files from either Facebook or my website, you may not alter the image in any way** and you must give credit to Monsour’s Photography
  • Avoid printing our images at 1 hour labs and budget print labs. We spend a lot of time creating a beautiful image that is made to print exactly as it is with a professional photo lab. Budget print labs have automated equipment that makes drastic adjustments to the color, clarity and tone of the image resulting in an inferior image quality that looks nothing like the original image.
  • If you are printing any of the digital files you may not alter the image in any way** you are not allowed to print images larger than the size that your print release states. The print release size is shown on your invoice.

 

Sharing on personal social media pages, web pages, or blogs is allowable but credit and link back to www.monsoursphotography.net is required unless you have a web license for the image

*Instagram – you may not alter the image(s) in any way by adding filters.

** You may not re-edit, crop, or remove the watermark, or alter the images in any way, doing otherwise is copyright infringement.