- Studio does not "sell" photographs or copyrights. Studio leases rights to use photographs. Standard usage is for one (1) usage during one (1) year following the date of the invoice to be used in the United States. Some additional usages may be available on a regional basis at no additional charge if requested prior to assignment. Exclusive and unlimited usages are available at higher rates. Please do not ask for copyrights as studio policy prevents their sale.
- For the studio to accept an assignment and start pre-production, the studio's Estimate/Confirmation form must be signed and returned to the studio. The signed form may be faxed as long as the original signed form is mailed or delivered in a timely fashion. Invoicing terms and conditions (see below) apply unless a written agreement has been signed by both parties.
- Photographer does not do "work for hire" (act as an employee) unless treated like an employee with employer's usual benefits such as medical benefits, vacation and holiday pay, employee taxes paid by employer (FICA, state disability and unemployment taxes, etc.), and the ability of the photographer to apply for unemployment benefits when job is terminated. This "work for hire" or employer/employee relationship must be initiated by employer's request for a completed W-4 form.
Invoicing Terms and Conditions
(from the back of the invoice)
- "Photograph(s)" means all photographic material furnished by Photographer hereunder, whether transparencies, negatives, prints, digital or analog media or otherwise.
- Except as otherwise specifically provided, all photographs and rights, including copyright, remain the sole and exclusive property of Photographer. Any additional uses, whether by mechanical or electronic or any other means, require the prior written agreement of Photographer on terms to be negotiated. Unless otherwise provided, any grant of rights is limited to one (1) year from the date of invoice for territory of the United States. Client will supply Photographer with two (2) free copies of each use of the photograph(s).
- Photograph(s) published in any non-copyright form must contain a copyright notice which includes the copyright symbol followed by the year of first publication and "Rich Pulham" as an adjacent credit line. Client shall indemnify Photographer for any unauthorized usage resulting from the Client publishing photograph(s) in non-copyright form without Photographer's copyright notice.
- Client assumes insurer's liability (a) to indemnify Photographer for loss, damage, or misuse of any photograph(s), and (b) to return all photograph(s) prepaid and fully insured, safe and undamaged, by bonded messenger, air freight, or registered mail, within thirty (30) days after the first use thereof as provided herein, but in all events (whether published or unpublished) within sixty (60) days after the date of invoice. Client assumes full liability for its principals, employees, agents, affiliates, successors and assigns (including without limitation messengers and contractors) for any loss, damage, or misuse of the photograph(s).
- Client may not assign or transfer this agreement or any rights granted hereunder. Client and its principals, agents and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and Client is bound by, oral authorizations for fees and expenses which could not be confirmed in writing because of immediate proximity of shooting. This agreement incorporates by reference Article 2 of the Uniform Commercial Code, and the Copyright Act of 1976, as amended.
- Client assumes full risk of loss or damage to materials furnished by Client hereunder and warrants that said materials are adequately insured against such loss or damage. Client shall indemnify Photographer against all claims, liability, damages and expenses incurred by Photographer in connection with any third party claim arising out of use of said material hereunder.
- All expense estimates are subject to normal trade variance of 10%.
- Time is of the essence for receipt of payment and return of photograph(s). No rights are granted until payment is made.
- Client hereby expressly consents to the juridiction of the Federal courts with respect to claims by Photographer under the Copyright Act of 1976, as amended.
- Invoices are payable upon receipt. A service charge of 1.5% per month may be added on unpaid balances over thirty (30) days past due. Client shall pay all court costs, reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of Photographer.
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