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12. Condition of License Material. The licensee should examine all licensing material for possible failures (whether digital or otherwise) before sending licence material for reproduction. Without prejudice to section 5.1. (ii) above, licensor shall not be liable for any loss or damage suffered directly or indirectly by licensee or third party as a result of any alleged or actual failure to provide for the license material or its legend, or in any way, its reproduction. Freedom of contract means that there are no specific restrictions on the parties or the contractual goods with regard to photographic licenses. A user agreement is a type of contract in which, as a photographer, you grant certain rights of use to a client or employee. You may only use the image as part of this Agreement. It should also be noted that there are also differences in compensation models. The percentage compensation model is a common form of compensation. It is oriented towards the net turnover of the licensee and is between 3.5% and 12%. Of course, this amount also varies according to the concrete negotiations between the parties. Flat-rate royalty models are also common, which can be calculated with a unit royalty and a minimum licence fee.
I do not recommend granting unlimited use for an image. Otherwise, a brand can use it on any platform imaginable — in advertising, on billboards, and for product licensing. After determining whether an image license agreement confers exclusive or non-exclusive rights of use, you should also define how the image can be used. A mode of use is clearly identifiable – this relates to technical use (such as scanning, copying, printing, burning CDs) or commercially (such as distribution, further use). The rule for user agreements is that the wider the audience for the image, the more the image is worth to the brand. With this handy tool, Creative Commons licenses (CC licenses) can be created quickly and easily. These are simplified and standardised legal licensing provisions that apply worldwide. If there are images that are used without a valid license, it is possible to concede them a posteriori – without any effort on your part.
Copyright and the use of the image can be a complex and confusing arena, even for experienced photographers. They may also combine compensation methods; An example of this would be the agreement of a percentage remuneration on the basis of revenue and the setting of a minimum licence fee to be paid if no revenue is generated. . . .