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Limited Use Agreement- Help!!!

thelonephotographerthelonephotographer Registered Users Posts: 7 Beginner grinner
edited September 20, 2006 in Mind Your Own Business
Hello All,
I need help. I've recently been approached by a small web magazine who wants to purchase one of my images for use. We've already agree to a 1 yr term, exclusive rights for $400, web usage and occasional print. I need to quickly write up a Limited Usage Agreement and I don’t have a clue how to start.

I was wondering if anyone here has had to do this before and has an agreement that you use that you wouldn’t mind sharing with me. I don’t know what to include, what rights to grant them and what not to. They are a small company now that I expect will grow but for now a simple straight to the point agreement should suffice.

I’ve researched all over the internet and barely found a template for this but I truly don’t know what to put in this contract. Any help you photographers could give me with regard to this would be appreciated. Thank you for your help. LaMishia

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    Shay StephensShay Stephens Registered Users Posts: 3,165 Major grins
    edited September 18, 2006
    You don't need to use lawyer talk. Just write up the agreement in human readable english spelling out the rights and terms you just mentioned. It is really just that simple.
    Creator of Dgrin's "Last Photographer Standing" contest
    "Failure is feedback. And feedback is the breakfast of champions." - fortune cookie
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    thelonephotographerthelonephotographer Registered Users Posts: 7 Beginner grinner
    edited September 18, 2006
    Really??? cause "lawyer talk" makes my brain bleed! i'd just as soon say it in plain english.

    what about all the stuff like "proper image credit" & "not transferring licenses to third parties". it seems straight forward enough but i just like to get a second opinion.

    thanks for responding shay
    Shay Stephens wrote:
    You don't need to use lawyer talk. Just write up the agreement in human readable english spelling out the rights and terms you just mentioned. It is really just that simple.
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    3rdPlanetPhotography3rdPlanetPhotography Banned Posts: 920 Major grins
    edited September 18, 2006
    deal.gif Just what Shay said. Write it up to say whatever "YOU" want it to say. Clear readable English is preferred. No reason to put it in Latin. That just makes everyone else feel ignorant rolleyes1.gif


    thelonephotographer wrote:
    Really??? cause "lawyer talk" makes my brain bleed! i'd just as soon say it in plain english.

    what about all the stuff like "proper image credit" & "not transferring licenses to third parties". it seems straight forward enough but i just like to get a second opinion.

    thanks for responding shay
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    SloYerRollSloYerRoll Registered Users Posts: 2,788 Major grins
    edited September 18, 2006
    Trust Shay's advise. I've read allot of his posts and that cat is right on the money.

    When your done w/ your draft.
    Clear your head and read like you are the buyers.
    Make sure you are not creating any loopholes that you don't want to get stuck in.
    Common sense really prevails here. You have MANY rights when it comes to an image that you created. Just don't give them away.
    Don't beat yourself up over this contract either. The best of the best have made small mistakes and ended up giving more than intended. The test of a good photographer (or any professional) is how you come back from that and learn from your expercience.

    Any plans for your new found riches?

    -Jon
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    thelonephotographerthelonephotographer Registered Users Posts: 7 Beginner grinner
    edited September 19, 2006
    Thanks Jon! and Yes i have plans for the riches...i'll be paying off my new Epson P2000... wonderful little gadget but not exactly cheap :-)rolleyes1.gif
    SloYerRoll wrote:
    Trust Shay's advise. I've read allot of his posts and that cat is right on the money.

    When your done w/ your draft.
    Clear your head and read like you are the buyers.
    Make sure you are not creating any loopholes that you don't want to get stuck in.
    Common sense really prevails here. You have MANY rights when it comes to an image that you created. Just don't give them away.
    Don't beat yourself up over this contract either. The best of the best have made small mistakes and ended up giving more than intended. The test of a good photographer (or any professional) is how you come back from that and learn from your expercience.

    Any plans for your new found riches?

    -Jon
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    AngeloAngelo Super Moderators Posts: 8,937 moderator
    edited September 20, 2006
    email me and I'll gladly send you a copy of one
    www.angelo.smugmug.com

    Moderator of: Location, Location, Location , Mind Your Own Business & Other Cool Shots
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