Business Resources

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.

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