Understanding Usage Licenses

"Usage License" is one of those phrases that gets bandied about without a complete understanding about what it is, and how critical it is for you as a photographer, illustrator or any other commercial creative artist. It is the legal language that defines the parameters of how, when and where your creative work can be used. This applies to work that you’ve been hired to create, as well as any existing work that is solicited for use. A usage license is the agent of your copyright. To bring some clarity as well as dispelling misinformation about usage licenses and copyright we’ve created this list of frequently asked questions.

Who owns the copyright to an original photograph, literary, dramatic, musical or artistic work? The copyright belongs solely to the creator at the time of creation and stays with the creator until he or she transfers it someone else, or until 70 years after their death. In the case of joint authorship as in a collaboration, the 70 year period runs from the end of the year in which the last surviving author passes away.

If I own the copyright to my work how can a client that pays me to shoot, write or otherwise create an artistic work for an advertising campaign use my creation? That’s where the usage license comes in. In a usage license you grant specific rights to your client to use your work in specific geographic locations, for a set amount of time, in specific media.

Even though I’m getting paid to create the work? Yes, even though your client pays you, you still own the copyright, and you still have to grant the specific permissions or usages for the work.

What does a usage license look like? Subject to the terms and conditions below, Amber Artist the licensor ("Licensor") of the work ("Work") referenced in this document (number 1000) hereby grants to The Groovy Agency defined herein ("Licensee") an Exclusive license to use the DELIVERED WORK ONLY. This license shall be valid in the following geographic region(s) only: The United States & Europe & UK. This license shall be valid for 1 year from the date of first use and shall cover publication of the Work in the following media only: Advertising All Print Publications, Advertising Out Of Home. The number of reproductions of the Work authorized by this license is unlimited. The only credit line to be associated with the Work is "Amber Artist Photography". Any other use of the Work by the Licensee shall require a separately negotiated license.

Wow a usage license looks complicated and I’m no lawyer. You can also define your own usage license by remembering the following: who, what, where and where, how long.

• Who can use your license - to whom are you extending the usage license, or who is paying you.
• What can be used - meaning what art, music or literature are you licensing. Also keep in mind to define what can be used from a set of multiples, like a photographic shoot, all the images or just the delivered images.
• Where can it be used - meaning the geographic locations. Anywhere from a city to the world.
• Where can it appear - this defines the media it can appear in from magazine print to the internet to outdoor billboards.
• How long can it be used - the length of time it can be used, days, weeks, months, years - it’s whatever the deal calls for.

I don’t know, it still looks tough is there any other way to build a usage license? You can use software like Blinkbid Software that has a built in tool to build you a usage license.

What happens when a usage license expires? All the rights revert back to you.

How do magazine publication usage licenses work? Magazines typically buy a one time only publishing usage for the specific publication. This is usually followed by an embargo period.

Embargo period? If you shoot a cover of the September issue of Vanity Fair magazine, the magazine will have an exclusive right to your image for the month of September plus an embargo period of three to six months. During the embargo period you can’t do anything with your image even though the magazine is off the newsstands. This protects value of the publication for a reasonable time period until it loses its current event value on its own.

I heard something about sending my work to myself? This is called a “poor man’s copyright.” It does nothing for you, save yourself the cost of the postage.

Should I register my work with the copyright office? It depends. Even though the law recognizes you as the copyright owner of your work, a certificate of registration is incredibly difficult to refute legally, so registering your work will give you solid ammunition if you have to go after someone legally. However, the task of registering your work can be a bit of a pain, so it depends on the value you place on the work and the likelihood of someone using the work illegally.

If a blog grabs one of my photographs, literary, music or artistic work from my web site and uses it, am I gonna be rich? Probably not. Your first course of action is to send a cease and desist letter to the person or blog using your work illegally. The law assumes a certain level of benefit of doubt and allows room for a copyright infringer to fix the issue. Also if a blog is talking about the work specifically, there’s something called fair use exception in which the constitutional tenet of free speech trumps copyright law allowing a citizen to reference your work if they are talking about it.

Okay, but how about if I see one of my photographs, literary, music or artistic work used in an advertising campaign? Now it’s time to call your lawyer. When somebody uses your creative work without permission as a way to make money, the law is very clear that that is illegal.

This public information service is brought to you by Blinkbid Software, estimating, producing and invoicing software for creative professionals.