Licensing
Stock
photographs are sold by by purchasing a right to use an
image under terms set out in a license. The rights are
set out in the license, a legally binding agreement between
the buyer and the seller. What the licenses actually say
varies, but there are traditionally three categories. Because
at Photoconnect buyers can deal directly with photographers
or libraries there can often be more flexibility in these
arrangements.
If an image file download is available
and you follow that option then the
way
that
the
image
is available will be set out on the site providing the download.
The
licences are:
Royalty
free
"Royalty-free" means
that the buyer pays once for an image that can be used
by the buyer (but not passed on to any one else) for multiple
purposes over an unlimited period of time. Other buyers
may have acquired similar rights which mean that the same
image can be sold many times over. If it is important to
a buyer that the particular image is only associated with
the buyer then it would be wise to purchase an
alternative licence.
Fees
for royalty-free images are the same for every purchaser
whether a huge company seeking to use the image on its website,
or a one man business intending to use it in a brochure;
the only factor that alters the cost is
the
file
size purchased.
Royalty
free has the advantage of being simple to understand for
both photographer (who need not worry about policing usage
by the buyer) and the buyer who is relieved of the burden
of having to monitor use. Some photographers confuse selling
royalty free with selling their copyright. This is not
the case - however once an image has been sold on a royalty
free basis, sales under other license arrangements are
not usually possible.
There
seems to be a stigma with buying and selling on a royalty
free basis - much of this is connected with the prevalence
of bulk royalty free images on compact discs. As a buyer
of
such
a disc you can be relatively sure that there will be many
other users of the image out there. When buying from Photoconnect
you can talk directly to a photographer about whether an
image has previously been sold. If not, you will be the
exclusive user until another license is subsequently sold.
If
buying a royalty free image then you still need to be careful
how you use it. For example, if the image features people
who may be recognisable and there is no model release then
a buyer should not use such
an
image for promotional purposes. Also most royalty free
images prohibit use of an image on T-Shirts etc.
Here is
an example of a royalty free license. What you can or can't
do with an image will be specified in the license. Be very
wary of using an RF license which features people if there
is no model release.
Traditional
usage license
Rights-managed
images are sold with a fee based on the buyer's specified
use. The fee is calculated from several factors including
size, placement, duration of use and geographic distribution.
It also takes account of who is using it. It essentially
prices images according to their value to the buyer's business.
Prices
may sometimes be less than licences
for an equivalent royalty free image. More often there
simply will not be an equivalent royalty free image - this
value is reflected in the pricing.
Buyers
and sellers have to be aware that use is restricted and
buyers and sellers
must
stick to the terms of the license agreement which is
there
to support the value placed on the image.
If you choose a traditional
license then you will get greater (but not complete) exclusivity
and the photographer will be able to tell you if there
is any previous use that might affect your own business's
use of the image. (Under a royalty free license you may find
that a competitor has used the same image in a way that may
be embarrassing).
Reserved
rights
This
is basically a traditional licence but includes terms restricting
the photographer from making sales for a specified period in
a specified location or locations. According to the severity
of the restrictions there is a premium paid over and above
the cost of a traditional licence. This will give a buyer exclusive
use of an image.
|
Why
buy a traditional license when you can buy royalty free?
Buying
a traditional license means that the photograph should
not be available in the royalty free markets. This makes
it
less likely that a competitor or other user will use the
image in a way that could undermine your own use. In fact
you can stipulate absolute exclusivity, or exclusivity
of industry or territorial use by purchasing
a
reserved rights image.
And royalty free is not always the cheapest option - ask the photographer if uncertain on how to proceed. Buying
direct from the photographer can mean
flexible licensing......
Until an image has been sold, when dealing
direct with a photographer you may have some flexibility
over licensing arrangements.
First sales of such images will
set a precedent that will impact licenses availability
on
subsequent sales.
For photographers this approach keeps
the market
for an image open to the widest range of buyers.
For
buyers there is more flexibility and a purchase of the
'right'
image will not be ruled out because the license does
not fit.
How does this work?
|
If
an image is first sold as:
|
Then
subsequent sales may be only:
|
| Royalty
free |
Royalty
free |
| Traditional
license |
Traditional
license or reserved rights |
| Reserved
rights |
Made
by license for use outside specified location(s) or
after license expires |
Where an image is also available through an agency the specific
license there will likely restrict what is available when
dealing direct with a photographer.
Copyright
All
images at Photoconnect are and will remain the copyright
of the photographer.
When
you purchase a photograph for any use you will normally be
entitled to make minor alteration (sizing, contrast etc) to
suit the
use to which it is put. You may not copy the image in whole
or part for use in any way not permitted by your licence.
|
