Usage License In-Depth
I use the license model advocated by Julius Shulman - my commissioning client has the right to use my images in any way necessary for the promotion of their business forever with no additional charges, just don't give them to third parties. Third parties must pay an additional fee.
Below is the actual text I use in my contracts.
Unlimited license is for designers and architects.
Corporate and commercial advertising charges are based on industry standard production costs and usage.
• Subject to the terms and conditions below, upon receipt of payment in full Dean J. Birinyi the licensor ("Licensor") of the work ("Work") referenced in this document hereby grants to [Client Firm] defined herein ("Licensee") an Non-exclusive license to use the DELIVERED WORK ONLY.
• This license is non-transferable to any third party
• Any third party requestors must order usage and licensing directly through Dean J. Birinyi Photography and pay an appropriate fee: email@example.com • 415-967-2508 • www.djbphoto.com
• This license shall be valid in the following geographic region(s) only: Worldwide.
• Rights Granted / Usage: unlimited duration, non-exclusive.
Includes media produced by Client: websites, social media, collateral, commercial display, publicity, RFPs, and contest/award submissions.
• No third party use is allowed without proper licensing and payment to the photographer of appropriate fees.
• Social Media Use: When images are posted to Houzz.com, Architecture Daily or other social media or editorial websites photographers credit in the form of "Copyright 20xx Dean J. Birinyi" is to be entered into the appropriate field by licensee. If no field for entry of this data is provided by website photographers credit is to be included in the description of the photograph by licensee. In the event that licensee fails to perform this simple and vital task it is agreed that liquidated damages shall be three times original invoice amount for each instance of licensees failure to perform. (Photographer holds same obligation to Client please see  in Terms and Conditions below.)
• The number of reproductions of the Work authorized by this license is unrestricted. The only credit line to be associated with the Work is "Copyright 20xx Dean J. Birinyi"
Dean's standard contractual Terms and Conditions:
AGREEMENT - This agreement between Dean Birinyi (hereafter "Photographer") and the client XXX (hereafter "Client") governs the assignment described in the accompanying cost estimate, and along with these Terms & Conditions, constitutes the entire agreement between the parties concerning the assignment.
ESTIMATES / BIDS - The fees quoted by the Photographer are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing, may result in additional charges. The accompanying quote is a good faith estimate of the time and expenses the Photographer anticipates. The Client understands and agrees that the Photographer will bill for the actual time and expenses incurred, which may be greater than that which was quoted. Estimates are valid for 30 days.
DEFINITIONS - "Publicity" use is when the Client submits photographs to an outside publication (whether print or electronic) for an editorial use and the Client (or their client) is not paying for that use. "Advertising" use is when the Client (or their client) is paying for the placement of a photograph in whatever media it appears, such as in a newspaper, magazine, billboard, or website. "Collateral" use is when the photographs appear in a publication that the Client produces, such as a magazine, annual report, borchure, pamphlet, poster, or website, and whose audience is employees, customers, shareholders, or the general public. "Editorial" use is when photographs appear in a publication (print or electronic) and the Photographer is paid specifically for that use. "Personal Display" use is when a photographic print is hung in a home or office and will not be seen by the general public. "Commercial Display" use is when a photograph is hung in a public place. "Shared Creative Rights” allows the client to collaborate on or direct the content of the photographs at time of creation, and shall not constitute a Joint Work. Unless delivered to Client by Photographer, no Model or Property release exists.
PAYMENT - Advance payment may be required to initiate production. Client shall make final payment within 30 days of invoice. Late payments will be billed @ $20.00 a month handling fee and 1.5%/month interest.
COPYRIGHT - Grant of any reproduction rights to the Client is conditioned upon receipt of payment in full. All rights not expressly granted shall be reserved by the Photographer, who maintains ownership of copyright. Rights granted may not be sold, transferred, or assigned to any other party, in whole or in part, whether voluntary or by operation of law without the express written consent of Photographer. Modification of Photograph(s) and/or incorporation of Photograph(s) in any layout or concept shall not constitue a Joint Work. If Client wishes to make any additional uses of the photographs not covered in the initial agreement, Client shall obtain permission from the Photographer and pay an additional fee to be agreed upon.
CANCELLATIONS, POSTPONEMENTS - In the event of a cancellation or postponement of a shoot by the Client or subject, Client shall pay all expenses incurred by the Photographer up to the time of cancellation, plus a fee to be agreed upon.
CLIENT REPRESENTATION - The Client is responsible for the presence of an authorized representative at the shoot to approve the Photographer's interpretation of the assignment. If a Client representative is not present, the Photographer's interpretation shall be deemed acceptable. Client warrants that client has the rights and authority to allow Photographer access to the property.
AUTHORSHIP CREDIT - A credit in the name of the Photographer shall accompany his photographs whenever practical.
INDEMNIFICATION - Client hereby indemnifies and holds the Photographer harmless against any and all liabilities, cliams, and expenses, including reasonable attorney's fees, arising from Client's use of Photographer's work. The Photographer similarly indemnifies and holds Client harmless against any and all liabilities, claims, and expenses, including reasonable attorney's fees, arising from Photographer's negligence.
TEAR SHEETS - Client will provide Photographer with two entire copies of (or a PDF of) any publication his photos appear in (except in the case of Publicity Use) upon publication. Photographer is allowed to use all images, as well as their use by Client in their completed state(s), for Photographer’s marketing purposes including but not limited to possible fine art sales.
RETOUCHING - Any additional retouching requested by the Client will be quoted on a case-by-case basis.
Dean is insured by State Farm Insurance, certificates of insurance available on request.
Third party riders, Additional Insured, available for $35 per firm, per project.