Terms and Conditions / Copyright / License to use Photographs

 

I am a member of the Advertising & Illustrative Photographers Association (AIPA). The following is based on their standard contracts and forms.

A great place to start with this is the AIPA website http://www.copyright4clients.co.nz/ This answers the following questions...

  • Why use a professional photographer?
  • How do you find the right photographer?
  • Who owns the copyright in the images?
  • Why don't I get the right to use the images wherever I want?
  • What if I want to use it for things I don't have a licence for?
  • If I've paid for the film, processing or digital files why can't I keep all the work?

I do not accept commissions to create copyright works other than to agree to licence such parts of the works selected by me for presentation to you the client.
[This overrides section 21(3) of the Copyright Act 1994 in accordance with section 21(4) of that Act.]

The copyright in all photographs remains my property. This means that all photographic images supplied to you are owned by me and are supplied to you for copying and using in accordance with the terms of the licence.


Click here for a PDF copy of the AIPA forms ‘Standard Photographic Terms and Conditions of Engagement’ and the ‘Licence and Order Confirmation’ form. For Weddings and Portraits I use the 'Standard Photographic Wedding & Portrait Terms & Conditions of Engagement


This means that for commissioned work, or contracts for ongoing work, an agreement is required as to your intended usage of the photographs. When the images are supplied to you, my invoice will either show or be accompanied by the respective license in regard to your use of the images.


I retain the right to use any of my photographic images for self promotion as a photographer, for entering photographic competitions, and for display at art galleries or other premises, unless otherwise agreed with you the client.

I retain the right to licence (‘sell’) the use of any of my images to another person or company, unless by prior agreement with you and/or the granting of an exclusive license in regard to their use.

Model/Property Release Forms

Standard Forms from the Advertising & Illustrative Photographers Association (AIPA):

Model Release | Property Release

Modified Model Release forms by Mark Brimblecombe:

Model Release | Model Release form with restriction that images cannot be used without specific written consent from both parties

Mark Brimblecombe | Phone: 021 545 184 or 06 345 0013 | Email: mark.brimblecombe@gmail.com | Facebook: Photography | Terms & Conditions / Copyright