Licensing FAQ:
READ FIRST: the following information was created for informational use based on BonaFide Cowboy (KNZ Brand LLC) contracts and is not legal advice from an attorney. Please consult your own attorney or reach out to us for any licensing/copyright questions.
WHAT KIND OF PERMITTED USAGE DOES MY PHOTOSHOOT COME WITH?
Each photoshoot is different and catered to each client's needs based on discussions with the client. All photoshoots come with a personal-use permission which is defined in the "Permitted Usage" clause of each contract. Brand shoots are normally (but not always) allowed commercial usage with the stipulation that attribution must be given to the photographer in every use. If you would like to use your photos in ads or banners without attributing the photographer, you must contact your photographer about licensing.
WHAT IS CONSIDERED COMMERCIAL USAGE?
According to 18 USCS § 31, term "used for commercial purposes" means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit. Basically, commercial use describes any activity in which you use a product or service for financial gain.
WHY HAVE I NEVER HAD TO LICENSE PHOTOS BEFORE?
Many photographers have not learned the importance of licensing so I am sure that this is a new idea to you. As a photographer, our greatest asset, however, is the ownership of our photos. Many great photographers, have never learned the business of being a photographer and just like any other well-run company, we have to protect our assets and contracts/licensing are the best way to do that.
WHY SHOULD I WORK WITH A PHOTOGRAPHER WHO REQUIRES LICENSING?
Not only does licensing protect the copyright of photographers, it protects clients too. It outlines how your photos can be used and my contract with you protects us both. There rarely will be confusion when we have a written document that clarifies usage.
ISN'T THE EXTRA SOCIAL MEDIA EXPOSURE ENOUGH?
While giving credit on social media is important/required per most contracts, so is fairly compensating photographers for their work when photos are being used commercially. Exposure does not pay the bills. I love to collaborate, but I am selective with trades and I like to make sure partnerships are mutually beneficial.
DO I HAVE TO CREDIT YOU ON EVERY ADVERTISEMENT?
It depends on your license. It could be awkward to add the photographer's logo/watermark to your bigger posters/banners/etc... That is why we do licenses.
WHAT IS THE DIFFERENCE BETWEEN EXCLUSIVE AND NON-EXCLUSIVE LICENSES?
Basically, an exclusive-use license grants the client full ownership of the photos. It can have certain stipulations (like I can use them in my portfolio/on my social media), but once the client purchases this license, they can do whatever they wish (as outlined by the contract) with the photos.
A non-exclusive license can come in multiple forms (like conditional-use), but ultimately the photographer still owns the photos.
(You can read more of a legal detailed explanation about this from Peacock Law)
WHAT IS A CONDITIONAL-USE LICENSE?
A conditional-use license defines the intended use for each photo and limits the client to those uses. It is generally a cheaper option, however, it may be limited to certain uses. This license is a non-exclusive license, meaning the photographer retains ownership rights over the photos.
WHAT KIND OF LICENSES DO YOU OFFER, AND WHAT DO YOU CHARGE?
Licensing depends on the size of the client, the intended use, the publications, the events, and so much more. I suggest chatting with your photographer before choosing an option, so we can best suit your needs.
I know that licensing can be a newer practice to many businesses and many photographers do not yet realize the importance of licensing their photos. I realize this and that is why in the future I will offer more educational opportunities for brands, photographers, models, etc... If you have questions or concerns, please feel free to reach out and ask us.
WHAT KIND OF PERMITTED USAGE DOES MY PHOTOSHOOT COME WITH?
Each photoshoot is different and catered to each client's needs based on discussions with the client. All photoshoots come with a personal-use permission which is defined in the "Permitted Usage" clause of each contract. Brand shoots are normally (but not always) allowed commercial usage with the stipulation that attribution must be given to the photographer in every use. If you would like to use your photos in ads or banners without attributing the photographer, you must contact your photographer about licensing.
WHAT IS CONSIDERED COMMERCIAL USAGE?
According to 18 USCS § 31, term "used for commercial purposes" means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit. Basically, commercial use describes any activity in which you use a product or service for financial gain.
WHY HAVE I NEVER HAD TO LICENSE PHOTOS BEFORE?
Many photographers have not learned the importance of licensing so I am sure that this is a new idea to you. As a photographer, our greatest asset, however, is the ownership of our photos. Many great photographers, have never learned the business of being a photographer and just like any other well-run company, we have to protect our assets and contracts/licensing are the best way to do that.
WHY SHOULD I WORK WITH A PHOTOGRAPHER WHO REQUIRES LICENSING?
Not only does licensing protect the copyright of photographers, it protects clients too. It outlines how your photos can be used and my contract with you protects us both. There rarely will be confusion when we have a written document that clarifies usage.
ISN'T THE EXTRA SOCIAL MEDIA EXPOSURE ENOUGH?
While giving credit on social media is important/required per most contracts, so is fairly compensating photographers for their work when photos are being used commercially. Exposure does not pay the bills. I love to collaborate, but I am selective with trades and I like to make sure partnerships are mutually beneficial.
DO I HAVE TO CREDIT YOU ON EVERY ADVERTISEMENT?
It depends on your license. It could be awkward to add the photographer's logo/watermark to your bigger posters/banners/etc... That is why we do licenses.
WHAT IS THE DIFFERENCE BETWEEN EXCLUSIVE AND NON-EXCLUSIVE LICENSES?
Basically, an exclusive-use license grants the client full ownership of the photos. It can have certain stipulations (like I can use them in my portfolio/on my social media), but once the client purchases this license, they can do whatever they wish (as outlined by the contract) with the photos.
A non-exclusive license can come in multiple forms (like conditional-use), but ultimately the photographer still owns the photos.
(You can read more of a legal detailed explanation about this from Peacock Law)
WHAT IS A CONDITIONAL-USE LICENSE?
A conditional-use license defines the intended use for each photo and limits the client to those uses. It is generally a cheaper option, however, it may be limited to certain uses. This license is a non-exclusive license, meaning the photographer retains ownership rights over the photos.
WHAT KIND OF LICENSES DO YOU OFFER, AND WHAT DO YOU CHARGE?
Licensing depends on the size of the client, the intended use, the publications, the events, and so much more. I suggest chatting with your photographer before choosing an option, so we can best suit your needs.
- Purchase a Conditional-Use License for a select number of photos. ($$-$$$/photo) - I discount multiples.
- Purchase an Exclusive-Use License for a select number of photos. ($$$-$$$$/photo)
- Purchase one of the above licenses for ALL photos. ($$$-$$$$$)
I know that licensing can be a newer practice to many businesses and many photographers do not yet realize the importance of licensing their photos. I realize this and that is why in the future I will offer more educational opportunities for brands, photographers, models, etc... If you have questions or concerns, please feel free to reach out and ask us.
What's in my brand photography contract? Before Licensing...
Copyright Ownership.
In the event that any copyrighted work(s) are created as a result of the Services provided by Vendor in accordance with this Agreement, Vendor owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Vendor and may be used in the reasonable course of Vendor’s business.
Permitted Uses of Product(s).
Vendor grants to Client a non-exclusive license of product(s) produced with and for Client for commercial use so long as client provides attribution to Vendor in each use.
USE WITHOUT VISIBLE ATTRIBUTION WILL REQUIRE LICENSING FOR ONE OR ALL PHOTOS SEPARATE FROM THIS CONTRACT.
In the event that any copyrighted work(s) are created as a result of the Services provided by Vendor in accordance with this Agreement, Vendor owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Vendor and may be used in the reasonable course of Vendor’s business.
Permitted Uses of Product(s).
Vendor grants to Client a non-exclusive license of product(s) produced with and for Client for commercial use so long as client provides attribution to Vendor in each use.
USE WITHOUT VISIBLE ATTRIBUTION WILL REQUIRE LICENSING FOR ONE OR ALL PHOTOS SEPARATE FROM THIS CONTRACT.
- Definition of VISIBLE ATTRIBUTION: Client must tag the photographer in all social media related content, including promoted ads. The client may produce printed materials so long as they provide a legible attribution to the photographer (Photo By: BonaFide Cowboy). Photos may be used for websites, so long as there is attribution visible on the page where the photos are being used (ie. in the footer, or in the caption). If the Client has a question, the Client may reach out to the Vendor to clarify visible attribution requirements. Vendor retains the right to decide (and have the final say) if the Client's attribution is sufficient per the terms of this contract.
