A license is your ability to use the files captured and owned by the photographer after you purchase them. It basically means you can post, print, and enjoy the images for a specific use (for most clients, that is mainly printing and personal enjoyment).
Think of a photo like a car. The photographer (me) owns the car (copyright) and leases (licenses) the car to you to use. The lease agreement changes if your use is personal or commercial.
A commercial photography license grants you the right to use the photos for advertising and for-profit purposes such as, on your business' website or Facebook page, or in an advertisement promoting a sale.
Broadly, commercial photography refers to photography that is used to sell or promote a product or service, or otherwise support a business or organization in making money.
1. New Scotland Media (“the Photographer”) hereby grants you a non-exclusive, non-transferable, perpetual limited commercial-use licence to download, use, modify and reproduce images(s) or video(s) (collectively referred to as “Visual Content”), subject to the restrictions set out in this licence.
2. This license is for personal and limited commercial use (not for resale), as expressly provided for by this licence.
3. Those organizations which:
a. expressly permitted the Photographer to take Visual Content of said organization’s sporting or recreational event;
b. obtained from all participants in said organization’s sporting or recreational event, each participants written consent to have their respective images and likeness be taken or otherwise recorded at said sporting or recreational event, and possibly published; and
c. the Photographer in fact took Visual Content in relation to said organization’s sporting and recreational event;
are hereby granted a free non-exclusive, non-transferable, perpetual licence to download, use, modify and reproduce Visual Content for the limited purpose of promotion of the organization’s above-mentioned event or of the organization itself. For purposes of clarification, a licence granted under this paragraph is strictly for limited commercial purposes such as promotion, endorsement, advertising or merchandising; and Visual Content shall not be used in any way for resale.
4. For any licence granted herein, YOU MAY NOT:
a. Use Visual Content other than as expressly provided for by this licence.
b. Portray any person depicted in the Visual Content in a way that would be offensive, unflattering or unduly controversial to a reasonable person.
c. Use the Visual Content in a pornographic, defamatory, deceptive or in any manner that could be considered libelous, obscene or unlawful.
d. Resell any Visual Content;
e. Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.
5. Copyright in all Visual Content is owned by the Photographer or its content suppliers. All rights not expressly granted in this licence are reserved by the Photographer and its content suppliers now and in the future.
6. The use of the Visual Content by an organization pursuant to paragraph 3 above, shall be accompanied by an adjacent credit to the Photographer in substantially the following manner:
“Name of Photographer [or Videographer]/New Scotland Media”
7. To the extent permitted by applicable laws, the Visual Content is provided on “as is” and “as available” basis. The Photographer hereby expressly disclaims all warranties of any kind, express or implied.
8. YOU EXPRESSLEY UNDERSTAND AND AGREE THAT THE PHOTOGRAPHER, THE PHOTOGRAPHER’S SUBSIDIARIES, AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS OR THIRD PARTY SERVICES PROVIDERS (“THE PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER LOSS OR DAMAGES WHATSOEVER ARISING OUT OF THIS LICENCE OR YOUR USE OF THE VISUAL CONTENT.
9. You will defend, indemnify and hold harmless the Photographer and the Parties from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) due to or arising out of any use of the Visual Content other than the uses expressly permitted in this licence. You further agree to indemnify the Photographer and the Parties for all costs and expenses that the Photographer incurs in the event that you breach any of the terms of this licence.
10. The terms of this licence and all related matters will be governed by, and construed in accordance with, the laws of the Province of Alberta, Canada and the laws of Canada applicable in Alberta. You agree to submit to the exclusive jurisdiction of the courts of the Province of Alberta.