License transgressions

IcebearIcebear Registered Users Posts: 4,015 Major grins
edited July 7, 2008 in Mind Your Own Business
I've had a couple of instances recently wherein clients for whom I'd done commercial work violated the terms of their licenses. These were absolutely innocent transgressions by good, repeat clients. By that I mean they were not attempting to profit by the violation or cheat me out of income, but what ended up happening was that a third party used my images for their own promotional purposes without paying me for a license. I've been able to recoup some of my "loss" and have actually obtained a new client out of one situation. What's my point? What I'd like to do is come up with some nice friendly "plain language" verbage that I could send along, in a separate document, that explains what "unlimited, non-exclusive and non-transferable license for your own use" means. I'd either send it along with my Letter-of-Agreement, or with my invoice. I know there's been discussion ad-nauseum here on the general subject, but does anyone have any wording they'd be willing to share. Just to save me the agony of composing the thing? Help?? :bow
John :
Natural selection is responsible for every living thing that exists.
D3s, D500, D5300, and way more glass than the wife knows about.

Comments

  • rdlugoszrdlugosz Registered Users Posts: 277 Major grins
    edited July 7, 2008
    What you're suggesting makes sense & I think could make for a good addition to the materials that you're delivering to the client - but...

    Just to play devil's advocate for a second, you're kind of asking for contradictory things here: clear, legally defensible terms and plain English that is easy to understand.

    Contrary to popular opinion, lawyers don't communicate in "legalese" as a job security tactic or some kind of ego trip. The terms are very specific and direct because they need to be - otherwise the meaning is up to each individual's interpretation of definitions, etc.

    So - while I think it's a good idea, I'd caution that your lawyers may take issue with it (probably for your own protection) and you should review your changes with them. They will likely have suggestions on how to say "here's what you can and can't do in plain English, but see the Terms and Conditions document for more details".

    Without something like that I'd be concerned that you're compromising the "real" terms that you're trying to protect & explain in the first place!
  • IcebearIcebear Registered Users Posts: 4,015 Major grins
    edited July 7, 2008
    You make a good point. You're absolutely right. But to tell you the truth, I'm not trying to amplify a legal point, nor to strengthen a legal document. All I'm trying to avoid is the INADVERTENT misuse of the license, not a deliberate "theft" of intellectual property. I'd be more concerned if I thought my explanatory "notes" gave the impression that I was being "cheap." The big point I want to make to my client is that she obtains the broadest license from me, but that it is only for HER use, and not for ANY commercial or promotional use by anyone else.

    Oh, and as far as lawyers go, I've worked (in a prior life) on a daily basis with lawyers. I remain convinced that whenever you ask an attorney for advice about whether to do something, they feel duty bound to explain to you why it's not a good idea. I consider them professional obstructionists.
    John :
    Natural selection is responsible for every living thing that exists.
    D3s, D500, D5300, and way more glass than the wife knows about.
  • Howard BarlowHoward Barlow Registered Users Posts: 118 Major grins
    edited July 7, 2008
    Add a line something like, "All third party use prohibited without additional specific license."
    You don’t pay me by the hour. You pay for the years of hard work that made it possible for me to paint such a picture in only one hour! Pablo Picasso
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