Version 170822A | Word File | 3 Pages | 31 KB | DownloadReal Estate Photography License Agreement

Depending on the type of images you’ll be licensing, you may elect to use the following form to govern the terms of your online licensing.

Version 032015 | Word File | 4 Pages | 45 KB | DownloadWebsite Terms (Comp Use)

Depending on the type of images you’ll be licensing, you may elect to use the following form to govern the terms of your online licensing.

Version 101210A | Word File | 3 Pages | 41 KB | DownloadShort Form Website Terms (No Comp Use)

Depending on the type of images you’ll be licensing, you may elect to use the following form to govern the terms of your online licensing.

Version 02215 | Word File | 4 Pages | 57 KB | DownloadRights Managed End User License Agreement

Depending on the type of images you’ll be licensing, you may elect to use the following form to govern the terms of your online licensing.

Version 150504A | Word File | 4 Pages | 54 KB | DownloadRoyalty Free End User License Agreement

Licensing Images on a royalty free basis or broad rights basis still requires license terms, as the use is not unrestricted. Royalty free is generally understood as the licensing of an image without need to account for the number of uses and the period of use is unlimited, provided that all uses are considered permitted. Royalty free images are either sold as a collection in the form of a CD-ROM, or downloaded as a single image sale over the image library’s web site or call be licensed as a collection to a subscriber via a subscription service allowing unlimited downloads during the subscription period for permitted uses.

If the images are delivered via a physical media such as a CD-ROM or DVD, the license agreement should be included outside the packaging on the product, and included on the disc as well. These license terms are deemed accepted upon purchase. It is known in the software industry as a “shrink-wrap” license. The courts have upheld the validity of these contracts.

Images delivered via the Internet without a physical delivery should be licensed as the RM images, with the user affirmatively accepting the licensing terms upon purchase.

Version 150504A | Word File | 3 Pages | 41 KB | DownloadPrivacy Policy

In the United States, the only regulations regarding the information you collect from users to your website, are regulations promulgated by the FTC regarding information collected that identifies children under the age 13 (see www.ftc.gov). However, many countries in the European Union have much more protective rules regarding the types of information that can be collected, who can have access to the information and how you must inform users regarding the information that is gathered about them. Many United States companies have adopted some of these principals in order to harmonize their business practices with EU affiliates and to do business with EU customers.

In the United States, more as a business policy, users expect to see a company’s privacy policy on a site. If you choose to adopt a privacy policy, be certain that the information is accurate. Information about your customers can be very helpful in marketing and designing your site. You need to collect certain information if you intend to do credit card transactions. If you sell your business, certain customer information may be part of the assets of the sale.

In most cases, policies indicate that customers can decide whether to "opt-out" of direct marketing, and should be given a way to review their personal information and change it. Mostly customers want to know that the information collected is for a justifiable business purpose and that you are not renting the information and selling their names to lists, adding to the "junk" email.

Version 090921A | Word File | 1 Page | 32 KB | DownloadAssignment of Copyright

Form for the transfer of rights, titles and interest, throughout the world, to the photographs identified by photographer and company. Photographer retains the right to use the photographs in personal, noncommercial uses; such as such as portfolio, exhibition, single photographer publication, fine art prints, personal website, and self-promotion.

Version 070327A | Word File | 6 Pages | 48 KB | DownloadCopyright Registration Overview

An overview of copyright registration. It covers three different types of registration and the forms used to register your work with the copyright office.

Version 070327A | PDF File | 4 Pages | 172 KB | DownloadUS Copyright Office Form VA

Form VA can be used to registered photographs that were published together, or an individual published photograph. Form VA can also be used to register an unlimited number of unpublished photographs and is the easiest way to register a collection of unpublished photographs. The current application fee is $45 per registration. It is more economical to register works in groups of published or unpublished images rather than individual images. If you have a few very important images, you may wish to register those images individually.

Version 070327A | PDF File | 4 Pages | 100 KB | DownloadUS Copyright Office Form GR/PPh/CON

Any number of published photographs by a single photographer and published within the same calendar year may be registered with a single deposit, application, and filing fee. It is recommended that published photographs be registered at least every 3 months. (Otherwise, separate registrations might be required.)

The deposit requirements are more flexible than with non-group registration. (Otherwise, actual published copies of the photos might be required.)

There are two basic methods of registering a group of published photos under the regulation—one is with the group photo continuation sheets (Form GR/PPh/CON) and the other is without those forms. Registration with the GR/PPh/CON is encouraged because the form will give complete information about each individual photo, thus ensuring a more complete public record. This could be helpful in defending a copyright claim.

Version 070327A | PDF File | 4 Pages | 168 KB | DownloadForm VA (Unpublished Collection)

A copyright notice is not required to protect unpublished works. The registration of two or more unpublished photographs as a collection, for a single-fee, is very straightforward and only requires submitting a completed Form VA, a registration fee and a deposit of the works to be registered in the collection. (Remember that Form GR/PPh/CON is only used for group registration of published works.)

Version 070327A | Word File | 2 Pages | 28 KB | DownloadInfringement Letter (Use With Registration)

You may find that the infringer actually uses your exact image. In these cases, use the following form letter for images registered with the U.S. Copyright Office. Again, we highly recommend registering your images.

Version 070327A | Word File | 2 Pages | 28 KB | DownloadInfringement Letter (Use Without Registration)

You may find that the infringer actually uses your exact image. In these cases, use the following form letter for images for unregistered images. Again, we highly recommend registering your images.

Version 080430A | Word File | 1 Page | 24 KB | DownloadInfringement Follow-Up Letter

You may find that the infringer actually uses your exact image. In these cases, use the accompanying follow-up letter. Again, we highly recommend registering your images.

Version 070327A | Word File | 2 Pages | 28 KB | Download Infringement Letter (Derivative Use)

You may also find that the infringer uses a copycat adaptation or “derivative work” based on your image. In these cases, use these letters and the above follow-up letter.

Version 070327A | Word File | 1 Page | 28 KB | DownloadDMCA Letter

If it is important that the offending material is removed promptly, and you are less interested in obtaining a license fee from the website owner, you can ask the host server of the website, to remove the infringing material. (For example, you may have granted an exclusive license to a magazine for images of a celebrity and blog sites have copied the images, putting your exclusivity at risk). Under the Digital Millennium Copyright Act, Internet Service Providers (ISPs) can avoid monetary liability for the infringing material on a website it is hosting, if it removes the infringing material promptly after receiving a “Notice and Take Down Letter” that meets statutory requirements. Included is a form notice and takedown letter that includes the DMCA requirements. If you can learn the name of the ISP through “WhoIs” or even learn the ISP address number, the number can be looked up on Arin.net to find out the name of the host provider. Many ISP have a registered agent for receipt of notice. These are listed at www.copyright.gov. Other ISP’s have links on their site to the abuse or copyright complaint department.

If you intend to seek monetary damages from the website (not the ISP) make sure you have evidence of the use before the images are taken down. Do not sent the website operator (i.e. the actual infringer and not the host server) the DMCA letter or it will think you do not want monetary damages.

Version 070327A | Word File | 2 Pages | 28 KB | DownloadPicscout/Idee Copyright Infringement Letter

Some members may use the service PicScout, Idee or other companies to detect and report DMCA violations. These following letters are to be used by those members in the event PicScout brings an infringement to their attention.

Version 070327A | Word File | 2 Pages | 28 KB | DownloadPicscout/Idee Alternate Infringement Letter

Some members may use the service PicScout, Idee or other companies to detect and report DMCA violations. In the event the offending use is removed from the website but retroactive fees remain unpaid, the following letter is to be used.

Version 070327A | Word File | 2 Pages | 28 KB | DownloadPicscout/Idee Follow-Up Letter

Some members may use the service PicScout, Idee or other companies to detect and report DMCA violations. This follow-up letter is to be used by those members in the event PicScout brings an infringement to their attention.

Version 070327A | Word File | 5 Pages | 28 KB | DownloadSample Federal Copyright Complaint

In the event that no amicable measures bring an infringing user around to paying a proposed fee, it may be necessary to send them a draft complaint to convince them of the seriousness of the matter. Different jurisdictions have special rules as to who can be sued in that particular jurisdiction and a case can be dismissed if the court lacks jurisdiction over the matter or the defendant. As such, we recommend you seek legal counsel when using this form.

Version 070327A | Word File | 7 Pages | 36 KB | DownloadSettlement Agreement & Mutual Releases

The form release is a release for adults with an optional signature line for a guardian in the case of minor models and one for property. With respect to releases for children, it should be noted that each state has a different age of majority. The law of majority in the state of the child's residence determines if the child qualifies to sign the adult release. In the event the child does not qualify to sign the adult release the legal guardian, whether it be parent or otherwise, must sign the release.

Version 150504A | Word File | 1 Page | 37 KB | DownloadModel Release

The form release is a release for adults with an optional signature line for a guardian in the case of minor models and one for property. With respect to releases for children, it should be noted that each state has a different age of majority. The law of majority in the state of the child's residence determines if the child qualifies to sign the adult release. In the event the child does not qualify to sign the adult release the legal guardian, whether it be parent or otherwise, must sign the release.

Many photographers will attach a copy of the model’s driver license to the release. It identifies the model, signature and date of birth in the event there is ever a claim that the model did not sign the release.

For stock photography purposes, no writings or additions should be made to the form. No oral restrictions should be agreed to between the photographer and model. A photographer should be clear when shooting a model for stock, that the uses are broad and the model will not have aright to approve any use.

Version 032015 | Word File | 1 Page | 37 KB | DownloadProperty Release

The question often arises as to whether or not an animal has a right of privacy or publicity, and if so is a release required. The law regarding right of privacy and publicity actions apply only to persons as they are written. A question arises with a celebrity animal such as Rin Tin Tin. In this instance, the owner may have a property right to the animal which would prohibit unauthorized exploitation of the animal's image. These protections are not founded upon rights of privacy but are covered by the law of copyright, trademark, unfair competition, etc. It is advisable, therefore, when licensing the use of a photograph of a famous animal for commercials to obtain a release from the owner of the animal to avoid being sued under other areas of the law.

Along the same lines, buildings and other personal property such as cars, not being human, do not have a "right to privacy" or a "right of publicity". However, certain buildings and property may be so well recognized that the owner may have a property interest in the building. That is, if the building identifies the owner, the owner's right of privacy or right of publicity might be violated. This may prevent others from exploiting the image for commercial gain without the owner's permission. Generally under the law of trademark, unfair competition, and privacy, the use of a building or a backdrop will not violate anyone's property interest absent any particular identity. Advertisers typically request property releases for building so property released images have greater commercial value.

If a photograph of a famous building that is associated with the owner is to be used for commercial purposes, it may be advisable to require the client to obtain a release. It is unclear under the law whether one must obtain a new release from a new owner of a building if the building is sold after the original release is obtained. Since the property right belongs to the person and not to the building, a new release would be recommended.

Version 070327A | Word File | 4 Pages | 64 KB | DownloadContributor Mailing Request & Instructions

This form should be sent at the time any contributor submits material to you for editing whether a contract contributor or not. A file for each Contributor should be created. A duplicate of any document sent (both front and back) should be retained by you for your files. The terms on the reverse side limits your liability with respect to such submissions. This form is primarily for the receipt of physical material. If you accept digital submissions of material, make sure you have “image submission guidelines” that the Contributor agrees to follow. While you do not have liability for loss or damage to original artwork, it remains important to keep track of images submitted and accepted by each contributor.

Version 070327A | Word File | 3 Pages | 40 KB | DownloadContributor Receipt

This is to be filled out in duplicate and sent to the Contributor when you accept the submitted materials. The various columns set forth are to indicate the number of different items accepted. The box below indicating new contributor or not, is for your own internal records.

Version 070327A | Word File | 3 Pages | 40 KB | DownloadContributor Acceptances & Returns

This is for material that you are returning to the Contributor and not accepting in your file. A duplicate should be retained by you.

Version 070327A | Word File | 6 Pages | 76 KB | DownloadDelivery Contract

This important document must be sent with each submission of original Images to clients. As you can see by the terms of the reverse side, no use can be made of your material until an invoice is submitted and paid. This will foreclose use by any potential user even if they purchase an image for research purposes. This document is to be signed by the recipient if there is a pickup either by the client or messenger service.

If Images are sent electronically, or on any digital media, a delivery contract should be accepted by the recipient, either by accepting the terms through an online “click-through” agreement, or by including the terms with the digital media. Before sending digital media to a client for the first time, you should obtain written acceptance to your terms of delivery.

Version 070327A | Word File | 2 Pages | 44 KB | DownloadDelivery Control Form

This document is an internal record of what material is delivered to a client. It is used for the delivery of physical material.

Version 070327A | Word File | 6 Pages | 52 KB | DownloadHolding Or Return Form

The holding or return form is to be included with the delivery contract. This form is made in triplicate; one file copy, and the original and one client copy to be sent to the client. This indicates what Images the client will be holding and what Images were being returned.

You should have a policy regarding the retention of digital files. This policy should be stated in your online licensing agreement. Some members make a distinction between low resolution and higher resolution digital files. Another approach is to require that information identifying the digital file and the source of the image be retained as part of the image file, and that no reuse can be made without permission and the creation of a license.

Version 070327A | Word File | 6 Pages | 52 KB | DownloadPast Due Image Statement

This is used when clients are holding images beyond the 14-day holding period, and is a reminder sent to them. Your copy becomes a permanent record in your file. This form is used when you have delivered material to a client that you require returned. It is not necessary if digital files are downloaded. If you send your client high resolution files on digital media, you may also want those files returned.

Version 070327A | Word File | 7 Pages | 56 KB | DownloadInvoice

An original is to be sent and a copy kept for your file. The terms of the license, in detail, as well as the description of the photographs, the number of the photographs and the amount charged are set forth. The terms and conditions of delivery are on the reverse side.

Version 070327A | Word File | 2 Pages | 8 KB | DownloadDelivery Inquiry

This form should be filed with each delivery contract. This is to be filled out by your staff as a permanent record, when following up on analog photographs that are out to clients. Successive returns should be indicated as well. This document is important as a business record kept in the ordinary course of business. You may wish to keep track of digital images that are sent to clients for purposes of following up on usage.

Version 070327A | Word File | 7 Pages | 56 KB | DownloadFinancial Disclosure Form

It is recommended that you have all new clients complete and return a signed form. Not only will you determine if you are dealing with a sound financial entity but you will have an acknowledgement of your delivery contract terms should a problem arise in the future.

Version 171218 | PDF File | 26 Pages | 668 KB | DownloadVHT vs Zillow, Amicus Brief

DMLA joined NPPA, ASMP and GAG in submitting an amicus brief before the Ninth Circuit Court of Appeals in support of VHT, a real estate photography company, against Zillow, an online real estate platform on the narrow issue of the proper calculation of statutory damages based on multiple infringed images registered using a database registration consisting predominantly of photographs.

Version 170321 | PDF File | 19 Pages | 260 KB | DownloadDMLA Additional 512 Study Comments

These comments include the results of the empirical DMLA survey among our members and their roster of visual artists.

Version 170221 | PDF File | 7 Pages | 212 KB | DownloadDMLA Additional Comments to Section 512 Study

We plan to supplement our comments in March 2017 with the results of an empirical survey DMLA conducted among our members and their rosters of visual artists.

Version 170217 | PDF File | 38 Pages | 263 KB | DownloadOracle America, Inc., vs Google Inc., Amicus Brief

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Version 170130 | PDF File | 82 Pages | 364 KB | DownloadGroup Registration of Photographs

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PDF File | 20 Pages | 393 KB | DownloadCreating a USCO Capable of Succeeding in a Changing World

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Version 160222A | Word File | 15 Pages | 53 KB | DownloadVA Groups Small Claims Bill Recommendations

There has been a great deal of discussion recently about the possibility of Congress creating a small claims process for visual arts. DMLA has been part of a group of visual artists' associations, representing hundreds of thousands of creators, that have joined forces to propose key components of potentially forthcoming small claims legislation.

Version 160226A | PDF File | 42 Pages | 217 KB | DownloadMaloney v T3Media Amicus Brief

This case directly affects the ability to display online, offer for license, and sell prints of images of recognizable people, unless there is consent. DMLA was joined by other associations. In March 2015, the Central District of California found in favor of T3Media, dismissing the former college basketball players’ right-of-publicity claims pursuant to California’s anti-SLAPP statute because they were preempted by the Copyright Act. A more in-depth discussion of the District Court’s decision can is available on the DMLA website: http://blog.digitalmedialicensing.org/?p=2650.

Version 120202A | PDF File | 23 Pages | 217 KB | DownloadCariou v Prince Amicus Brief

DMLA lent its support to photographer Patrick Cariou in an amicus brief presented to the federal courts of the 2nd Circuit in an appeal brought by appropriation artist Richard Prince. Prince argues that he should be permitted to appropriate photographs without licensing under the fair use defense by merely calling his work art and transformative.

Version 120125A | PDF File | 40 Pages | 131 KB | DownloadJones v Corbis Amicus Motion To Leave

DMLA took the lead in writing an amicus brief (friend of the court) to the 9th Circuit this January in supporting Corbis Corporation in a claim brought against it by Shirley Jones who asserts that the display of ten photographs depicting her on its website (for which no sale was ever made) violates California’s statutory right of publicity and common law because there is no model release granting Corbis permission to display the images.

Version 101015A | PDF File | 53 Pages | 545 KB | DownloadViacom-YouTube Amicus Brief

DMLA supported the legal arguments of the briefs filed by Viacom et. al. and pursuant to the court’s direction, coordinated arguments to avoid repetition. This case concerns business liability for copyright infringment after complying with DMCA-required takedown notices.

Version 101015A | PDF File | 24 Pages | 201 KB | DownloadBean-Houghton Mifflin Amicus Brief

DMLA filed an amicus brief in support of plaintiff Tom Bean's appeal seeking reversal of the district court's dismissal of his complaint. This case concerns the copyright validity of individual works registered as part of a larger catalog.

Version 101015A | PDF File | 37 Pages | 352 KB | DownloadExpandedBean-HMH Amicus Brief

DMLA filed an amicus brief in support of plaintiff Tom Bean's appeal seeking reversal of the district court's dismissal of his complaint. This case concerns the copyright validity of individual works registered as part of a larger catalog. Includes Certificate of Compliance and Certificate of Service.

Version 100624A | PDF File | 24 Pages | 584 KB | DownloadMuench-PACA Amicus Brief

DMLA supported the legal arguments of the briefs filed by Corbis Corporation and American Society of Media Photographers (ASMP) and pursuant to the court’s direction, coordinated arguments to avoid repetition.

Version 100624A | PDF File | 16 Pages | 1.9 MB | DownloadMuench-ASMP Amicus Brief

DMLA supported the legal arguments of the briefs filed by Corbis Corporation and American Society of Media Photographers (ASMP) and pursuant to the court’s direction, coordinated arguments to avoid repetition.

Version 100624A | PDF File | 25 Pages | 192 KB | DownloadMuench-Corbis Amicus Brief

DMLA supported the legal arguments of the briefs filed by Corbis Corporation and American Society of Media Photographers (ASMP) and pursuant to the court’s direction, coordinated arguments to avoid repetition.

Version 110615A | PDF File | 22 Pages | 84 KB | DownloadPACA-ASMP-Corbis Amicus Brief

DMLA supported the legal arguments of the briefs filed by Corbis Corporation and American Society of Media Photographers (ASMP) and pursuant to the court’s direction, coordinated arguments to avoid repetition.

Version 120118A | PDF File | 12 Pages | 143 KB | DownloadCopyright Office Notice Of Inquiry Response

DMLA responses to U.S. Copyright Office Notice Of Inquiry regarding Study On Remedies For Copyright Small Claims.

Version 130204A | PDF File | 9 Pages | 979 KB | DownloadCopyright Office Notice Of Inquiry Response

DMLA responses to U.S. Copyright Office Notice Of Inquiry regarding Orphan Works and Mass Digitization.

Version 130412A | PDF File | 8 Pages | 3.2 MB | DownloadCopyright Office Notice Of Inquiry Response

DMLA responses to U.S. Copyright Office Notice Of Inquiry regarding Study On Remedies For Copyright Small Claims.