I am in the process of buying photographs taken by individuals (not big stock photography companies), and I need to send them kind of contract that they sign and fill in (their named, printed). For example, I _____ grant _____ the exclusive rights to use 5 photos of a stop sign for any and all uses, royalty-free, which includes but is not limited to the web, publications, periodicals, magazines etc. I would assume they would still retain the copyright. However, they can't stop me from using the photos in any way I want to or revoke them. I need a contract! Short and sweet and binding. As a side note, how does the contract reference the photographs, i.e., "5 photos of a stop sign". Are little thumbnails inserted into the word document?
The first thing you need to do is get the terms of the deal consistent. It doesn't sound like you are buying the photos but a license to use them in some capacity. If you have exclusive right, then nobody else has the rights to use them. What region? What medium? How long? Is there an exclusivity limited to a certain region, area, etc. What can he do with his own photos? What rights do you have? Can you sublicense them? Can you transfer them to another party? There is no standard contract that everyone uses by definition since there are a good number of variables. There are different types of deals where a lawyer will use a template but then it is modified to meet the needs of the agreement, e.g. a straight license to use on a web site that are nonexclusive (e.g. clip art), outright sales, etc. There are plenty of licensing agreements you'll find on stock photography sites. They are designed solely for that purpose and in favor of the licensing company so keep that in mind when reading them. If these photos are very important to you then get an attorney and do it right. It doesn't need to cost you very much.
Exclusive or Non-exclusive (I suppose it is as easy as changing the single instance of the word in the contract) It will vary from seller to seller. License (I'm not buying them outright, but it works out that way) I can use them in whatever way I choose forever. Seller may be in another country, however, contract should be designed for US law Seller retains copyright (However, he can't revoke the images or restrict me from using them however I choose) Should thumbnails be in the contract? Underneath, "the following X pictures" Non-transferable (I can't license to anyone else) That's it. Anyone have a template?
1 - It's not so easy to just change a word in the contract. If you say exclusive it means exclusive. Not exclusive to web use, your country, or for a period of time. If you can just get exclusive then use it. Don't be surprised if the photographer starts to get a little defensive if that wasn't the understanding. Essentially, exclusive use means that the owner may not really have many rights except being the owner by name. 2 - Thumbnails are what you make. It's a license to modify the images. I pointed you in the direction of where to go. There are loads of premium image galleries for clip art, e.g. getty images. Take a look at their license agreement. That's as good a template as you're going to get without paying for it. Most of the stuff online you get that is "short and sweet" is usually horrible. Look at the license. Modify it as you want if you feel you know what the deal is and understand all the implications of what is there. Read it over and decide if it really represents the deal. In my experience, if you don't have experience drafting contracts you probably won't be able to spot when a form is created for a specialty purpose like they usually are. The only templates worth anything are found in professional treatises that contain templates for the most common situations, drafted for the benefit of the licensor or licensee. As I mentioned, if these images are really important to you, get a lawyer. Otherwise you get what you pay for and there is a reason why lawyers make money for crafting agreements to fit the need. It may be worth the risk but it's up to you.