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Licensing Guide - ASMP Paperwork Share

Editorial Example With Stock Licenses

Due to anti-trust laws, ASMP cannot set or suggest prices, but we can share information provided to us by our generous members. The ASMP Paperwork Share provides a look at the terms, licenses and pricing details of actual jobs.

 

Shawn Henry — www.shawnhenry.com

Based in Gloucester, MA, Shawn G. Henry focuses on editorial and corporate photography. A regular contributor to Business Week and Forbes magazines, he's worked for Bank of America, Fidelity Investments, the National Geographic Society, and Time.

 

Editorial assignment and subsequent stock licenses

 

Terms and Conditions. Shawn puts the following text on the front of his invoices. It's short and to the point. And there's an old legal principle that text on the front is given more weight than text on the back.

Terms:
1. Payment: No rights are granted until payment is received in full. Failure to make timely payment shall be deemed an act of copyright infringement under the United States Copyright Act.
2. Rights & Usage: Copyright and all film, prints, media, and digital files remain the property of Photographer. The only rights granted to the Photographs are those specifically set forth above under "Rights Granted/Media Usage". All other rights are reserved by Photographer. Rights granted may not be transferred or assigned, in whole or in part, whether voluntary or by operation of law without the express written consent of Photographer. This agreement is not a work made for hire.
3. Warrants & Liability: Photographer warrants that Photographs were created by him and he has authority to license their use to Client. Client will defend Photographer against any and all claims, liability, damages, and costs, including legal fees & expenses, arising out of the creation, use, or misuse of the images. Unless delivered to Client by Photographer, no Model or Property release exists. Client shall pay Photographer's costs and expenses (including Photographer's reasonable attorney's fees and related costs) incurred in connection with enforcing the terms of this Agreement, including those incurred without commencing a court proceeding.

 

The initial assignment
Description
Photography of Prof. George Church, at Harvard Medical School, in Boston, MA.

Rights Granted / Media Usage
One time use in a single edition of magazine. Concurrent use on .com web edition. All other rights reserved.

COPYRIGHT & ALL FILM REMAIN THE PROPERTY OF SHAWN G. HENRY, UNLESS OTHERWISE SPECIFIED IN WRITING. ANY ADDITIONAL USAGE REQUIRES PRIOR WRITTEN AGREEMENT AND PAYMENT OF ADDITIONAL FEES.
 
Fees:  
Photography 800.00
Production / Research
Travel
Weather Delay 800.00
Production Charges:  
Assistants / Crew 225.00
Digital Capture / Film 440.00
Image Processing / Lab
Shipping
Equipment Rental 100.00
Transportation 45.50
Travel
Meals
Miscellaneous 36.50 847.00
Other Fees:  
Space Rate / Usage
Scan / Transmit / Prep
Research
  Subtotal 1,647.00
  Advance 0.00
  Sales tax 0.00
  Balance Due 1,647.00

 

The first stock license
Description
Stock license: Portrait of Prof. George Church of at Harvard Medical School, as originally published in the , 2007 edition of USA.

Rights Granted / Media Usage
One time editorial print use in a single edition of Russia. All other rights reserved.

COPYRIGHT & ALL FILM REMAIN THE PROPERTY OF SHAWN G. HENRY, UNLESS OTHERWISE SPECIFIED IN WRITING. ANY ADDITIONAL USAGE REQUIRES PRIOR WRITTEN AGREEMENT AND PAYMENT OF ADDITIONAL FEES.
 
Fees:  
Photography
Production / Research
Travel
Weather Delay
Production Charges:  
Assistants / Crew
Digital Capture / Film
Image Processing / Lab
Shipping
Equipment Rental
Transportation
Travel
Meals
Miscellaneous
Other Fees:  
Space Rate / Usage 350.00
Scan / Transmit / Prep 30.00
Research 380.00
Usage Fee to be transferred: $350.00 USD, plus $30 USD for electronic funds transfer fees. Subtotal 380.00
Advance 0.00
Sales tax 0.00
Balance Due 380.00

 

The second stock license
Description
Portraits of Prof. George Church of Harvard Medical School and Ken Lazarus of Lilliputian (, 2007 issue)

Rights Granted / Media Usage
One time Japanese Language editorial print use only in a single edition of Nihonban, maximum reproduction size of 1/3 page. All other rights reserved.

COPYRIGHT & ALL FILM REMAIN THE PROPERTY OF SHAWN G. HENRY, UNLESS OTHERWISE SPECIFIED IN WRITING. ANY ADDITIONAL USAGE REQUIRES PRIOR WRITTEN AGREEMENT AND PAYMENT OF ADDITIONAL FEES.
 
Fees:  
Photography
Production / Research
Travel
Weather Delay
Production Charges:  
Assistants / Crew
Digital Capture / Film
Image Processing / Lab
Shipping
Equipment Rental
Transportation
Travel
Meals
Miscellaneous
Other Fees:  
Space Rate / Usage 600.00
Scan / Transmit / Prep 30.00
Research 630.00
Usage Fees: $300 USD each for a maximum reproduction size of 1/3 page; plus Electronic transfer charge of $30 USD. Subtotal 630.00
Advance 0.00
Sales tax 0.00
Balance Due 630.00

ASMP is not responsible for any of the specific content of the material provided by individual photographers for the ASMP Paperwork Share.