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CONTRACTS - BE SPECIFIC
September 17, 1997
The Tasini decision should be a "wake up" call for photographers and stock agencies. Everyone should take great care to define usage on all invoices and be as specific as possible.
PACA Attorney, Robert M. Cavallo of Cavallo & Wolff, believes that sellers can prevent electronic or other types of use of stock photos without permission if they use the suggested language from the PACA Legal Handbook on their invoices and delivery memos.
The key language on the back of PACA invoices is: "Upon submission of the receipt of payment of an invoice by (agency name), a license only is granted to use the images for the use specified on the invoice and for no other purpose . Such use is granted for the United States only, unless otherwise specified. Recipient does not acquire any right, title or interest in or to any image, including, without limitation, > any electronic reproduction or promotional rights , and will not make, authorize or permit any use of the particular photograph(s), plate(s) or digital files made therefrom other than as specified herein."
So far, the only individuals or organizations that NGI has shown any interest in negotiating with on their usage seem to stock agencies that have sold individual photographs to the magazine and have had this language in their invoice.
Some examples of language that might be on the front of the invoice related to the specific images are:
Non-exclusive re-use of Image #________________ by _______________ in national trade internal house organ for Chevrolet. One time use in Chevrolet's Pro Magazine to Chevrolet dealerships only. Image will appear across spread as background, one press run of 117,000. All other rights reserved.
One time non-exclusive use of Image # _____________ by _______________ for North American English language with 10% World English distribution. Image size 1/4 page use as a chapter opener and less than 1/4 page use as a page turner image on 25 pages within the chapter, and spot usage in the table of contents, for use in one version only of the Student textbook entitled APPLES; A WAY OF LIFE, printing less than 40,000. Reproduction rights for teachers editions, ancillaries and/or related materials are available for additional fees. All other rights reserved.