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M$10 April 17, 2009 01:18 PM

Where can I find a sample One Time Use Rights outline?

I need a sample one time use outline (legal text) to give me some ideas on how to protect my photography.

Here's a definition of different forms of photography rights including one time use:
http://photography.about.com/od/copyrightinformation/a/photorights.htm

What I'm looking for is something like a TOS (terms of service) that I can refer people to when I sell them my photography. I'd like to take a few different examples to my lawyer to make it quicker for him to assemble a full document.

If someone comes up with something really great, I'll reward you the best answer and tip above-and-beyond for your extra work.
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April 17, 2009 03:19 PM
Hi Rob,
I believe you'll find all you need by clicking on the following links:

1. http://www.docstoc.com/docs/2934338/P-I-F-PHOTOGRAPHY-LICENSE-AGREEMENT-Date-Your-Name-Company

2. http://www.docstoc.com/docs/952266/free-photo-license-agreement

3. http://www.docstoc.com/docs/2933665/PHOTO-REPRINT-EULA-THIS-END-USER-LICENSE-AGREEMENT-EULA-is

4. http://www.docstoc.com/docs/3192761/Form-Image-License

Hope this helps, and thanks for the comments... they're like a welcome sign. It's been a while as I've been away from Mahalo!



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April 17, 2009 01:40 PM
The usual disclaimer: I don't have legal background. Please consult your lawyer for clarification and further information.

From Obsidianstock
http://www.obsidianstock.com/image_usage_rights.php
-- quote --
USE:
One time only. An image may be used only once, in one (1) project and for one (1) use. Additional licenses may be purchased if multiple uses of an image are required.
PURPOSE:
An image may be used for a variety of purposes from editorial to advertising, but is limited by the size of the file purchased.
EXCLUSITIVITY:
NON-exclusive.
TERM:
A maximum term of 5 years is imposed on every license. A new license may be purchased after the current term has expired.
TERRITORY:
One country/One language

2. Electronic Rights: The purchase of a high-resolution image for print use does not automatically include electronic rights. On the other hand, low-resolution (72dpi) images are sold for electronic use on websites only, and shall never be used in print.

3. Storage: Downloaded files may not be stored or archived - all files are to be destroyed within two weeks after their one-time use.
-- end quote --

From The White House Historical Association
http://www.whitehousehistory.org/whha_about/about_rights-reproductions.html
-- quote --
TERMS OF USE FOR PUBLISHED IMAGES

Images may be used only after express permission from WHHA has been granted for each specific use.

No image license is valid until receipt of payment.

Permission is given for one-time, non-exclusive, non-transferable use only.

“One-time use” means that once a digital image has been published, distributed or exhibited, you many not subsequently reformat, redesign, or otherwise alter the way the images is displayed; nor may you re-use the image in other products, nor allow others to use it. For each additional use after image is obtained, WHHA must be contacted for permission.

Image will be credited according to the credit line provide by the WHHA. Credit line must appear alongside image, or in section devoted to image or illustration credits.
-- end quote --

From Cedar Eden Environmental, LLC
PDF Document
http://www.cedareden.com/IUR_form2.pdf
-- quote --
Permission is for one-time use only, as described on this form, with no other rights. Any subsequent use (including subsequent editions, paperback editions, foreign language editions, etc.) constitutes re-use and must be applied for in writing. An additional fee will be charged for re-use
-- end quote --

From State Historical Society of North Dakota
PDF Document
http://history.nd.gov/pdf/request_for_one_time_use.pdf
-- quote --
2. Permission is for one-time use only. The SHSND retains all
rights to the items and they are to be used only for the purpose listed
in the permission form.
3. The SHSND reserves the right to limit the number of photo-
graphic copies; to restrict the use or reproduction of rare or valuable
items; to ensure that materials from its files are reproduced in good
taste; to make special fee quotations on items involving unusual
difficulty in copying; to charge a higher fee than specified for a small
number of rare or unique items; and to deny a request because of
copyright regulations, privacy rights, or donor-imposed restrictions.
-- end quote --

I was trying to find one-time use clause at Getty Images but unable to. They have different license terms for different photos. I guess they are big they need to cover everything. It's good reading material for your lawyer.
http://www.gettyimages.com/Corporate/LicenseInfo.aspx

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April 17, 2009 01:53 PM
I found two examples.

The first PDF comes from the Montana Historical Society.

The second PDF comes from the State Historical Society of North Dakota




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April 17, 2009 02:18 PM
For a quick references, take a look at these two sites:

American Society of Media Photographers - Licensing Guide - How to write a license:
http://www.asmp.org/commerce/legal/licensing/writing.php

State Historical Society of North Dakota - Request form for one time use of photographic image, complete with Conditions for permission to publish:
http://www.history.nd.gov/pdf/request_for_one_time_use.pdf

For a more in depth study of the issue, these two books may be a good choice:

Licensing Photography by Richard Weisgrau and Victor S. Perlman - "A veteran photographer and an intellectual property attorney explain licensing in layman's terms"
http://www.alibris.com/booksearch?qsort=&page=1&matches=7&browse=1&qwork=9139743&full=1

Business and Legal Forms for Photographers by Tad Crawford - "Here's the classic "bible" of forms and checklists for every situation a professional photographer may face. Thoroughly expanded and updated to cover the Internet, this Third Edition contains 31 forms, each ready-to-use as is, or easily tailored to fit any situation."
http://www.adorama.com/BKBLFP.html

Let me know if any of this is useful.

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