_DSC7351_DSC7351LAURA MCCLURE

 

Laura McClure (PHOTOGRAPHY)

Image Use License

 

AGREEMENT between Laura McClure (the “Photographer”) located at 2293 Old Ranch Road Escondido, CA 92027 and XXXXXX (“Licensee(s) ”) for the licensing of usage of photographs with: 

A) Images Licensed:

 

 

 

 

 

B) COPYRIGHT OWNERSHIP & CREDIT

1.    The photographs produced by the Photographer are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the Photographer’s explicitly written permission. Copyright of all images is retained by the photographer. This is not "work for hire".

3.    Copyright Notice & Credit: Copyright Notice & Credit the name of the photographer shall accompany the work when it is reproduced, used, placed in an article, posted on social media. "©Laura McClure" or "Laura McClure Photography" with a link to the website (http://www.lauramcclurephotography.com) shall be adjacent to image if watermark is not on the photograph itself. If a photograph is to be included on a web site, I will ask that in addition to the above byline, wherever convenient, a link be place to my website.

C) LICENSE USAGE:

Online has several license types to choose from:

Royalty-free personal use
 
The owner ("Owner") of the copyrighted photograph or video being purchased (the "Work"), hereby grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work for personal non-profit purposes, and to incorporate the copyrighted Work, in whole or in part, into derivative works for non-profit distribution.
 
You are prohibited from using the Work for any other purpose, including: using, reproducing or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as standalone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo.
 
Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories.
 
In consideration for the grant of this non-exclusive license, you agree to pay Owner the amount specified, due and payable immediately prior to your downloading a digital copy of the Work.
 
This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future.

Royalty-free commercial use

The owner ("Owner") of the copyrighted photograph or video being purchased (the "Work"), hereby grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce, and distribute the copyrighted Work and to incorporate the copyrighted Work, in whole or in part, into derivative works for sale and distribution.
 
You are prohibited from using the Work for any other purpose, including: selling or distributing electronic copies of the Work as standalone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo.
 
Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories.
 
In consideration for the grant of this non-exclusive license, you agree to pay Owner the amount specified, due and payable immediately prior to your downloading a digital copy of the Work.
 

This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future.


Unlimited online use (no printing)

The owner ("Owner") of the copyrighted photograph being purchased (the "Work"), hereby grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work, in whole or in part, in online or electronic publications, including Web pages.
 
You are prohibited from using the Work for any other purpose, including: using the Work in print media; selling or distributing electronic copies of the Work as standalone files; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or Web page creation application) intended to be reproduced by third parties on electronic or printed products; using or displaying the Work on Web sites or in any other medium designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, calendars, posters and other similar items; or using the Work as part of a trademark, service mark or logo.
 
Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use copy, sell, license, and distribute the Work in all markets and territories.
 
In consideration for the grant of this non-exclusive license, you agree to pay Owner the amount specified, due and payable immediately prior to your downloading a digital copy of the Work.
 
This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future.

One-time printed use (no online publishing)

The owner ("Owner") of the copyrighted photograph being purchased (the "Work") hereby grants you the non-exclusive, non-assignable, and non-sublicensable right to incorporate the Work in up to one hundred thousand (100,000) copies of a single printed article.
 
You are prohibited from using the Work for any other purpose other than creating printed copies, including: using the Work online; creating electronic copies of the Work; or using the Work as part of a trademark, service mark, or logo.
 
Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute the Work in all markets and territories.
 
In consideration for the grant of this non-exclusive license, you agree to pay Owner the amount specified, due and payable immediately prior to your downloading a digital copy of the Work.
 
This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future.

One-time printed use WITH online publishing

The owner ("Owner") of the copyrighted photograph being purchased (the "Work") hereby grants you the non-exclusive, non-assignable, and non-sublicensable right to incorporate the Work in up to one hundred thousand (100,000) copies of a single printed article and/or cover. Duplicates of such article or cover may be used online or in print in their entirety as a promotional piece for work ONLY. 
 
You are prohibited from using the Work for any other purpose other than creating printed copies and copies of work online for promotion of said items, including: using the Work as a stand alone online; creating electronic copies of the Work; or using the Work as part of a trademark, service mark, or logo.
 
Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute the Work in all markets and territories.
 
In consideration for the grant of this non-exclusive license, you agree to pay Owner the amount specified, due and payable immediately prior to your downloading a digital copy of the Work.
 
This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future.
 

D) ARBITRATION / BINDING / RELEASE

I, Licensee(s), agree that this contract will be binding not only upon me (us), but upon my represented company(s) named as well and that this release and grant of use is irrevocable and enforceable worldwide, to the fullest extent possible under the law. Any dispute relating to this agreement will be governed by the laws of the City of Escondido, in the County of San Diego in the State of California, USA or where the photographer may reside at the time of the enforcement, photographers digression of where.

Release and Agreement: By accepting and using the images, I (we), Licensee(s), (we) hereby release, acquit, indemnify, hold harmless and discharge the Photographer, her employer, heirs, agents, successors and assigns, from any damages, actions, claims, attorney fees, costs and suits arising in any way whatsoever from the uses permitted and described more fully above which may arise in any way whatsoever from the use of the images and/or from my (our) use of the images. If any suit is brought challenging the enforceability of this agreement, I (we) agree to indemnify Photographer or her assigns for attorney fees and expenses. 

E) ENTIRE AGREEMENT: This agreement contains the entire understanding between the PHOTOGRAPHER and the Licensee(s) . It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all photographer. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.