|
Image Licensing
All
images for purchase from Mark Woolcott Photography are
licensed. Images may have either traditional or royalty
free licensing. Image licenses are very important, and
serve to protect the rights of all parties: the seller
or distributor of the images, those who purchase and use
images; those who own, create, or produce images; and
even those whose likenesses are included in the images.
The type of licensing is one factor that impacts image
pricing.
Image
licensing is a complex process. Fees are determined
based on the kind of use; determined by photo
uniqueness, size & placement (quarter, half or full
page, cover, back cover), number of copies to be
printed, language rights (single or multiple) requested
and the term of use (3 months, 6 months, 1 year).
Rights Managed
Rights protection can be an advantage for high-profile
projects, such as ad campaigns and promotions. When you
use traditional licensing, you are assured of the
limited use of the image. You can even request exclusive
rights to that image to eliminate its simultaneous use
by other agencies and competitors. Traditionally
licensed images may require model, property, or estate
releases (that is, permission from photographed subjects
or owners of the objects to reprint their image). Image
delivery options include your choice of electronic files
or as transparencies, slides.
Standard Terms and Conditions
When
you use rights managed content, the usage rights are
defined and negotiated for your specific project needs.
You have access to thousands of single images, many
which are unique. The license you have defines how many
times the image can be used and in what way. If your
project and budget warrant it, Mark Woolcott Photography
can even provide you with exclusive or limited exclusive
use in your market niche.
Pricing for Rights Managed
Pricing for rights managed images varies by how you plan
to use them. Factors that affect price include the
intended print run, intended use, reproduction size,
distribution, and whether you want to purchase exclusive
rights. Pricing for traditionally licensed images is
based on how the image is to be used. Some of the
contributing factors include intended print run,
intended use, reproduction size, and distribution.
Royalty Free Licensing
The
royalty free license grants you non-exclusive use of the
selected image in as many projects as you like, for a
one-time flat fee. Once you purchase an image, it is
pre-cleared and ready-to-use in promotional media:
advertising, brochures, packaging, web sites, multimedia
projects, and more. There are very few restrictions
placed on how you can use these images. The royalty free
license also allows you to alter an image and create
unique works of your own. Royalty free does not include
use for any products for sale, or for Corporate brand or
trademark uses. These kinds of photo uses require a
photo license agreement.
Permitted Use of this Site
This
site is owned and operated by Mark Woolcott Photography,
dba Mark Woolcott Photography. All images and related
informational materials in any medium furnished by Mark
Woolcott Photography hereunder, including related text,
captions, or information (collectively referred to as
Images) are owned by Mark Woolcott Photography. All
Images are protected by US and international copyright
laws.
This
site contains both Images that depict a visible
watermark (Watermarked Images) and Images that do not
contain a visible watermark (Non-Watermarked Images).
Mark Woolcott Photography allows you to search for,
view, and use Watermarked Images only as permitted
below. If you have registered for a user account and
Mark Woolcott Photography has approved your
registration, you may be able to access Non-Watermarked
Images, which shall be used only as permitted below. You
may not remove any copyright or other proprietary
notices contained in the Images, caption information, or
any other material on this site. Mark Woolcott
Photography reserves the right to revoke your
authorization to view, download and use the Images and
information available on this site at any time, and you
agree to immediately discontinue your such use upon
written notice from us. All rights not specifically
granted under this Agreement are reserved to Mark Woolcott
Photography. Additionally, you may not employ software
to crawl or search our web site and/or retrieve Images
or related information.
Despite our efforts to provide accurate information,
this site may contain technical or other mistakes,
inaccuracies or typographical errors.
Registering For A Mark Woolcott PhotographyAccount
To
obtain access to Non-Watermarked Images, you may apply
for a Mark Woolcott Photography account and you agree to
provide true and accurate information. Mark Woolcott
Photography reserves sole discretion over whether to
grant you an account, and you agree to access the
authorized sections of the web site and your account
only by using the account number and password supplied
to you by us. You are responsible for maintaining the
confidentiality of your account number and/or password,
if applicable, and you shall not distribute this access
information or allow others to use this access
information to gain access to this site. You agree to
take reasonable steps to prevent others from obtaining
your access information and to notify Mark Woolcott
Photography of any unauthorized access or need to update
or remove access for any of your employees or agents.
You shall be liable for payment for all Images
downloaded by others using your account, with or without
your permission or knowledge prior to the time that you
notify Mark Woolcott Photography of any unauthorized
use. You agree that you shall not acquire any rights of
use, ownership, or bailment as a result of using any
Mark Woolcott Photography account or web site or related
services.
Children
Children (persons under the age of 18) are not eligible
to use this site unsupervised and we ask that children
do not register for an account or submit any personal
information to us. By using this site unsupervised,
and/or registering for an account, you warrant that you
are 18 years of age or older.
Your
Use of Images
Images include without limitation all digital images and
any related textual information (including captions and
credits). Images include visibly or electronically
watermarked and reduced resolution Images (Watermarked
Images) or higher resolution non-watermarked Images
(Non-Watermarked Images).
Use
of Watermarked Images
Conditioned on your compliance with this Agreement, Mark
Woolcott Photography grants you a limited license to
download Watermarked Images solely for evaluating
whether you wish to purchase a license to the
Non-Watermarked Image according to the Standard Terms
and Conditions applicable to your use. You may use the
Watermarked Images for up to thirty (30) days from the
date of download in your internal "comps" and layouts to
assist in your evaluation. You may not use a Watermarked
Image in any final materials distributed within your
company or any materials distributed outside of your
company or to the public or in any online or other
electronic distribution system. You may not modify,
alter, or remove any visible or electronic watermark, or
disassemble, reverse engineer, or decompile any Image.
Except for this limited, internal testing and sample
use. Mark Woolcott Photography grants you no other
rights, and you may not distribute, sublicense or make
available for use or distribution any Watermarked Image.
Use
of Non-Watermarked Images
Your
use of Non-Watermarked Images shall be governed solely
by the Standard Terms and Conditions applicable to your
use. Only Authorized Users may access and download
Non-Watermarked Images. Non-Watermarked Images require a
licensing fee and invoice terms.
Photography Licensing
Your
ability to view an Image does not entitle you to use of
that Image. Images may contain such restrictions as
restrictions to time, industry, manner and territory of
use. Use of an Image in violation of its restrictions is
not allowed.
Images cannot be used as a trademark or service mark,
for unlawful purposes or to defame any person. Any
unauthorized use constitutes copyright infringement and
shall entitle Mark Woolcott Photography to pursue all
rights and remedies under applicable copyright law.
E-mail
Mark
Woolcott Photography does not share or sell e-mail or
client information. If you would like to unsubscribe you
can opt-out.
License an image from Mark Woolcott Photography
Reproduction of Images
Reproduction of Images is limited to (i) internal
evaluation or comps, or (ii) the specific use described
in your invoice, which together with these terms shall
constitute the full license granted. Additional
restrictions indicated in the invoice may contain
limitations on your use, medium, time period, print run,
placement, size of Image, territory, and any other
restrictions. Your failure to make full payment when due
shall terminate any license granted to you.
You
may not otherwise make, use or distribute copies of any
Images for any purpose, except as authorized. Mark
Woolcott Photography reserves all rights to the Images,
and you do not acquire any copyright, ownership or
equivalent rights in or to any Image as a result of any
license Mark Woolcott Photography grants to you.
The
limited license granted to you is personal and
non-transferable; the work you produce incorporating the
Image must be for your own use or for the use of your
direct employer. If you are licensing an Image on behalf
of or for use by a client, that client must be the sole
end user of your work. You may not sell, rent, loan,
give, sublicense or otherwise transfer to anyone the
Image or any right to reproduce the Image, except
insofar as it has been incorporated by you into the
permitted use as stated in the invoice.
No
Alterations Authorized
You
may not make or permit any changes to the Images beyond
minor cropping and standard color correction unless
agreed in writing by Mark Woolcott Photography.
Credit Line and Copyright Notice
Editorial uses include a copyright notice and photo
credit with © Mark Woolcott printed onto or next
to each image published. Credit lines are mandatory in
this industry and if neglected, the use fee will be
charged at triple rates.
Sales Tax
Sales
made within the state of
Colorado require sales and use tax.
Royalty Free End-user License Agreement
Royalty free images are available for limited uses. By
using this website or using royalty free images it is
understood that you agree to the terms limiting these
uses. Please contact us if you require additional
rights. The category of Royalty Free images are a select
group of images. Not all photos on the website are
available with this royalty free agreement.
0.By
using an Image under this agreement you are bound by
this agreement. If you do not wish to accept these
terms, do not use the images.
0.Upon payment of purchase price and compliance with
your invoice terms and this agreement, you will receive
a non-exclusive, non-transferable right to use and
reproduce Images in our Royalty Free collection as
follows: For any printed promotional items that are not
for sale at retail or wholesale level. Promotional uses
are acceptable as cards, brochures, reports, flyers,
educational textbooks, editorials, cd covers,
newsletters, or other promotions that are not for sale.
Unauthorized retail photo products include, without
limitation any item produced for sale at retail or
wholesale. Also any trademark use is not authorized.
These require a photo license.
Your
purchase of Royalty-Free work is non-transferable. Your
purchase is for your own use, or for your client or
employer who authorized you to make the purchase for
their use. You may not sell, rent, loan, give,
sublicense, or otherwise transfer to anyone either the
CD or and Image or the right to use the CD or an Image,
(except as the Image has been used by you for the
permitted promotional use as described in your invoice).
Nothing you produce with the Image shall grant or
encourage any one else to use or duplicate the Image.
You agree to take all commercially reasonable steps to
prevent third parties from duplicating or distributing
the Images.
|