License For Personal Use
Photographer grants buyer a non-exclusive perpetual personal-use license to download and copy the accompanying image, subject to the following restrictions:
* This license is for personal use only. Personal use means non-commercial use of the image(s) for display on personal websites and computers, or making prints for personal use. The image(s) may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The image(s) may not be used in advertising. The image(s) may not be resold, relicensed, or sub-licensed.
* Title and ownership, and all rights now and in the future, of and for the image(s) remain exclusively with the photographer.
* There are no warranties, express or implied. The image(s) are provided 'as is.'
* Neither photographer nor SmugMug will be liable for any third party claims or incidental, consequential or other damages arising out of this license or buyer's use of the image(s).
License For Commercial Use
What you can do: Photographer grants you a perpetual, non-exclusive, non-transferable, worldwide license to use this image for permitted commercial purposes, defined as:
* advertising, promotion, brochures, packaging
* as part of a commercial website for promotional purposes (maximum 800x600pixels) use
* prints, posters, flyers, tearsheets for promotional purposes (not for resale)
* prints, posters, or other commercial display of image
* magazines, books, newspapers, other printed publications
* video, broadcast, theatrical
What you may not do: Buyer may not resell, relicense, redistribute without express written permission from photographer. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Images may not be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner. Images may not be incorporated into trademarks, logos, or service marks. Image may not be made available for download.
Photographer retains all rights, license, copyright, title and ownership of the image(s).
There is no warranty, express or implied, with the purchase of this digital image file. Neither photographer nor SmugMug will be liable for any claims, or incidental, consequential or other damages arising out of this license or buyer's use of the image(s).
Since this wasn't completely clear to me the first time I read it, here's what you can do if you want to sell web-sized digital downloads.
Create a gallery into which you only upload web-sized originals. Then set the price on the "original" size digital download to what you want to charge for web-sized downloads and disable print orders for this gallery (since the originals are too small for good prints).
You cannot currently offer any other size along with the web-sized originals until Smugmug adds more direct support for a web-size download, but you can price and sell just web-sized digital downloads by uploading the web-size as the original.
You may also want to remember that it's pretty easy for people to grab the web-size image through the browser when viewing your gallery if you aren't using watermarks.
John - this is essentially how I've done 90% of my commercial license deals.
Just to be sure you understand, you can still upload any size you like, and sell it as "original."
Someone mentioned that "Basic" or "Standard" Res might be substuted for Low Res. I really agree; the name change would be a great improvement. I would like to add that using some term like "Web" or "Custom" Res would really help avoid the likelihood of misunderstanding when the term "Original" is used to describe Original (Huge) files and using the same word to describe a custom size which could be absolutely any thing that two parties agree on.
It feels confusing using one business term to describe two completely different usage - & potential usage - items. Having to offer a Custom Size as "Original" feels very confusing in terms of keeping up with many images.
When the changes are made to the Digital Downloads offered by Smugmug,
please look at clarity of wording and also changing the basic service, "Low Res" to a more marketable term, Basic or Standard.
I'm so glad you're looking in to this area of sales. We will all be gaining as this moves forward.
Thank you for all you are doing!
I would also like to ask if there is a way to allow specific individuals to down load images with a password and no charge?
But I have a feeling SmugMug isn't keen on using up their Shopping Cart processing to handle $0.00 transactions. And unless I make those digital downloads $0.01, the option doesn't even show up in the cart.
1) In regards to the download file sizes of 1M and 4M, can you share the re-sizing approach? I am assuming that there is some maximum dimension (pixels) set for each of the conversions and a jpeg quality level set.
1) I was thinking it would be more useful to have file download sizes based based on pixel dimension limits, similar to how the resizing is done for the photo display sizes.
2) On the digital download, I am interested in setting a price of $0.00 (free) and this tracked in the sales report. It provides a good record of who is downloading your images. So, I would like to collect the information, but I do not wish to charge even a penny. At the same time, I would like the buyer's identity verified, and I believe the credit card entry serves this purpose. So, maybe have the option to download free without buyer entry other then a validated email address.
3) When typing in the Order Info, if you accidently hit <enter> instead of <tab> when moving to the next entry field, the browser jumps back to the previous screen, which is your shopping cart. This is very confusing and feels like a bug in the flow. Normally, when you enter these type of forms for purchase hitting <enter> would result in a error message in the top of the screen saying you did not fill out the required fields, and highlighting those fields.
4) After the transaction is complete, I could not see anyway for the user to go back to my site. It looks as if one has to re-type the address in the address bar.
5) Rights Usage. I suggest that Smugmug looks at providing the 6 Creative Commons options as well as the ability to have customizable templates that can be selected for the personal use and commercial use sections of the pricing entry form.
6) If a rights usage is used, then it would be nice to have the usage automatically written into the IPTC Rights Usage field of the metadata.
Is it possible to customize the licensing info?
I would also like to offer free digital downloads for when I make a deal with a sports league for an up-front sum in exchange for free downloads of all the games.
What if I set the price of the digital download to $1.00 and then apply a 100% discount? Will the downloads appear in the cart?
Images may not be incorporated into trademarks, logos, or service marks
Troy Raymond wrote:
I also have a question.
Since my son is on the football team, another father and myself take photos and simply allow the players, families and friends to download them free of charge. I have the originals turned on but I do very slightly compress them.
I was wondering if multiple digital downloads could be purchased at the same time and downloaded together.
We live in a village w/population of 900, we have 14 players on the team. I uploaded 72 photos with the originals turned on and in 9 days I received 28,998 "original" downloads using 32.75 gb of bandwidth.
I have tried putting a few cent markup on other photos and had no print purchases. If I were to not offer prints but only digital downloads for a small fee such as 10 cents each (as an example), there would be multiple purchases and a nice little profit. Kind of like my own little 'targeted' stock photo site.
So, if a digital download would slow them down, lets say to only 5000 downloads, it would still be $500 for something I was giving away.
Then imagine going to all the neighboring schools for their sports activities.
How does the digital downloads work if multiples are purchased? Does each one have to be downloaded and paid for individually?
I just made some download available and the link to the license doesn't work.
Is it just me?
Troy Raymond wrote:
I just tried on my wifes computer since she never visits my site.
I don't see any links to the license, only "personal license" and "commercial license". Where would the customers go to review the terms of the license?
I just enabled digital downloads on some galleries on my site.
A parent (from another team, so I don't know them) ordered
about fifteen prints. With most or all of the prints she ordered
a 1 MB download as well. (I can't tell, as smugmug removed the
canceled order from my pro sales listing.)
About 24 hours later smugmug emailed that the she has
canceled the order to make some changes and then reorder.
Can this method be used to get downloads for free? I assume
Smugmug is flexible about letting someone cancel an order
before it has been printed, but if the downloads were available
IMO: Orders with digital downloads should not be cancelled, Only the print side should be refunded while the printing is worked out. That sucks.
We don't like to cancel the digital downloads orders, and we normally don't do that either, unless there is a very good reason. We can cancel/refund a partial order if we have to so that we can only do the prints and not the digital downloads in case there is a problem with the prints
Any plans to offer proof delay for digital downloads?
I upload 600+ at times without any processing, so when they download, the image they receive is NOT what i want them to have. I don't want them to download and possibly say "UGGH"! I'd rather be able to touch them up/crop 1st.
I've been going back, processing the image as I normally would and email them a copy of it. That's time consuming and probably confusing to them also.