The Copyright Act - "Protects photographers by giving the creator of the photograph the exclusive rights to copy, edit and distribute the image by sale or transfer."
"Copyright law protects photography as intellectual property and provides protection for anyone who shoots a picture - not just for professionals. Licensing is used to purchase permission from the copyright owner (photographer) to the client mainly for reproduction purposes, and some cases to purchase all rights to the photography so the client can use it without restriction. Usually, to purchase full exclusive rights for the image is very expensive, because you are asking the photographer to give up any future hope of further income down the road." - APA Business Manual
For this reason, you will not find many photographers willing to give up the full copyright rights to their images.
It's one of many standard way to purchase images.
By purchasing an image(s) from Teri J. Surratt/Teri J.Surratt Photography you are actually purchasing a license to use the image(s) instead of buying the image outright, and it has to do with the way Copyright Law works. The license is used as a vehicle to transfer reproduction and editing rights only from the creator of the image to another individual or entity. There are many different ways an image can be licensed as well.
How are my images licensed and managed?
By purchasing an image(s) you are accepting a licensing agreement between you and Teri J. Surratt/Teri J. Surratt Photography to purchase a Royalty-Free image. It is Perpetual, meaning there is no expiration or end date on your rights to use the image(s). The image(s) can be used Worldwide, meaning the image(s) can be used in any geographic location. The image(s) are Unlimited, meaning the image(s) may be used an unlimited number of times for any and all media. You are also purchasing a Non-Exclusive image, meaning that you do not have exclusive rights to use the image(s). Teri J. Surratt/Teri J. Surratt Photography has the right to license the same image(s) to other clients. If you would like exclusive rights to use the royalty-free image(s), please contact Teri J. Surratt/Teri J. Surratt Photography to discuss the buy-out pricing.
For purpose of this licensing agreement, "use, or "used" means to reproduce, copy, modify, edit, synchronize, display, publish or otherwise make use of. Please make sure you read the Restricted Uses below for exceptions.
- No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful manner, or in violation of any applicable regulations (including for sports content, any restrictions or credentials issued by a sports league or governing body) or industry codes.
- No False Representation of Authorship. You may not falsely represent that you are the original creator of a work that is made up largely of licensed content. For instance, you cannot create artwork based solely on licensed content and claim that you are the author.
No transfer of rights. The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two exceptions:
- Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content. The rights purchased may only belong to you or your employer/client, depending on who is named as the “Licensee” at the time of purchase. In other words, if you purchase a royalty-free image, only one of you (and not both) may re-use that image for multiple projects.
- Subcontractors. You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors must agree to be bound by the terms of this agreement and may not use the content for any other purpose.
Intellectual Property Rights.
Who owns the content? All of the licensed content is owned by Teri J. Surratt/Teri J. Surratt Photography. All rights not expressly granted in this agreement are reserved by Teri J. Surratt/Teri J. Surratt Photography. You may not assert any right to revenue from a collecting society in respect of photocopying, digital copying or other secondary uses of the licensed content.
- Do I need to include a photo credit? You do not need to include a photo credit for commercial use, but if you are using content for editorial purposes, you must include the following credit adjacent to the content or in production credits: “[Photographer Name]/[Collection Name]/Teri J. Surratt Photography”
- Termination. Teri J. Surratt/Teri J. Surratt Photography may terminate this agreement at any time if you breach any of the terms of this or any other agreement with Teri J. Surratt/Teri J. Surratt Photography, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to Teri J. Surratt/Teri J. Surratt Photography in writing that you have complied with these requirements.
- Social Media Termination. If you use the content on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the content for its own purpose or in a way that is contrary to this agreement, the rights granted for such use shall immediately terminate, and in that event, upon Teri J. Surratt/Teri J. Surratt Photographys' request, you agree to remove any content from such platform or website.
- Refunds/Cancellation. All requests for refunds/cancellations must be made in writing. Provided that the request is made within 7 days and the licensed content has not been used, Teri J. Surratt/Teri J. Surratt Photography may cancel the relevant order and issue a full refund to your account or credit card. No credits or refunds are available for cancellation requests received more than 7 days from your receipt of content, or for research, lab, service or subscription fees, all of which are non-refundable. In the event of cancellation, your rights to use the content terminate, and you must delete or destroy any copies of the content.
- Content Withdrawal. Teri J. Surratt/Teri J. Surratt Photography may discontinue licensing any item of content at any time in its sole discretion. Upon notice from Teri J. Surratt/Teri J. Surratt Photography, or upon your knowledge, that any content may be subject to a claim of infringement of a third party’s right for which Teri J. Surratt/Teri J. Surratt Photography may be liable, Teri J. Surratt/Teri J. Surratt Photography may require you to immediately, and at your own expense: cease using the content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise.
Representations and Warranties. Teri J. Surratt/Teri J. Surratt Photography makes the following representations and warranties:
- Warranty of Non-Infringement. For all licensed content (excluding content marked “access only”), Teri J. Surratt/Teri J. Surratt Photography warrants that your use of such content in accordance with this agreement and in the form delivered by Teri J. Surratt/Teri J. Surratt Photography (that is, excluding any modifications, overlays or re-focusing done by you) will not infringe on any copyrights or moral rights of the content owner/creator.
- Additional Warranties for Certain Content. For licensed royalty-free content Teri J. Surratt/Teri J. Surratt Photography warrants that your use of such content in accordance with this agreement and in the form delivered by Teri J. Surratt/Teri J. Surratt Photography (that is, excluding any modifications, overlays or re-focusing done by you) will not infringe on any trademark or other intellectual property right, and will not violate any right of privacy or right of publicity.
- Warranty Disclaimer. Unless specifically warranted above, Teri J. Surratt/Teri J. Surratt Photography does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted audio, designs, works of art or architecture depicted or contained in the content. In such cases, you are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the content, and you are solely responsible for obtaining such release(s). You acknowledge that no releases are generally obtained for content identified as “editorial,” and that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes when they have not provided a release. You are also solely responsible for payment of any amounts that may be due under, and compliance with any other terms of, any applicable collective bargaining agreements as a result of your use of the licensed content.
- No Other Warranties. Except as provided in this section above, the content is provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Teri J. Surratt/Teri J. Surratt Photography does not represent or warrant that the content or its websites will meet your requirements or that use of the content or websites will be uninterrupted or error free.
Indemnification/Limitation of Liability.
- Indemnification of Teri J. Surratt/Teri J. Surratt Photography by you. You agree to defend, indemnify and hold harmless Teri J. Surratt/Teri J. Surratt Photography and its affiliates, and content suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with (i) your use of any content outside the scope of this agreement; (ii) any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this or any other agreement with Teri J. Surratt/Teri J. Surratt Photography; and (iii) your failure to obtain any required release for your use of content.
- Indemnification of you by Teri J. Surratt/Teri J. Surratt Photography. Provided that you are not in breach of this or any other agreement with Teri J. Surratt/Teri J. Surratt Photography, and as your sole and exclusive remedy for any breach of the warranties set forth above, Teri J. Surratt/Teri J. Surratt Photography agrees, subject to the terms of this section, to defend, indemnify and hold harmless you, your corporate parent, subsidiaries and affiliates, and each of your respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by Teri J. Surratt/Teri J. Surratt Photography of its warranties above. This indemnification does not apply to the extent any damages, costs or losses arise out of or are a result of modifications made by you to the content or the context in which the content is used by you. This indemnification also does not apply to your continued use of content following notice from Teri J. Surratt/Teri J. Surratt Photography, or upon your knowledge, that the content is subject to a claim of infringement of a third party’s right.
- The party seeking indemnification must promptly notify in writing the other party about the claim. The indemnifying party (the one covering the costs) has the right to assume the handling, settlement or defense of any claim or litigation. The indemnified party (the one not covering the costs) has to cooperate in any way reasonably requested by the indemnifying party. The indemnifying party will not be liable for legal fees and other costs incurred prior to the other party giving notice of the claim for which indemnity is sought.
- Limitation of Liability. TERI J. SURRATT/TERI J. SURRATT PHOTOGRAPHY WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOST PROFITS, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF TERI J. SURRATT/TERI J. SURRATT PHOTOGRAPHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.
- Assignment. This agreement is personal to you and is not assignable by you without Teri J. Surratt/Teri J. Surratt Photographys’ prior written consent. Teri J. Surratt/Teri J. Surratt Photography may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.
- Electronic storage. You agree to retain the copyright symbol, the name of Teri J. Surratt/Teri J. Surratt Photography, the content’s identification number and any other information or metadata that may be embedded in the electronic file containing the original content, and to maintain appropriate security to protect the content from unauthorized use by third parties. You may make one (1) copy of the content for back-up purposes.
- Governing Law/Arbitration. This agreement will be governed by the laws of the State of California, U.S.A., without reference to its laws relating to conflicts of law. Any disputes arising from or related to this agreement shall be finally settled by binding, confidential arbitration by a single arbitrator selected using the rules and procedures for arbitrator selection under the JAMS' Expedited Procedures in its Comprehensive Arbitration Rules and Procedures ("JAMS") if you are in North America. The decision of the arbitrator shall be final and binding on the parties, and judgment may be entered on the arbitration award and enforced by any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not govern this agreement. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. Notwithstanding the foregoing, Teri J. Surratt/Teri J. Surratt Photography shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Teri J. Surratt/Teri J. Surratt Photography, such action is necessary or desirable to protect its intellectual property rights. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events or occurrences giving rise to the claim.
- Severability. If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.
- Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement.
- Entire Agreement. No terms of conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by Teri J. Surratt/Teri J. Surratt Photography and accepted by you. In the event of any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply.
- Notice. All notices required to be sent to Teri J. Surratt/Teri J. Surratt Photography under this agreement should be sent via email to Teri@terijsurrattphotography.com. All notices to you will be sent via email to the email set out in your account.
- Taxes. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes, withholding taxes, and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the licensed content.
- Interest on Overdue Invoices. If you fail to pay an invoice in full within the time specified, Teri J. Surratt/Teri J. Surratt Photography may add a service charge of 1.5% per month, or such lesser amount as is allowed by law, on any unpaid balance until payment is received.