Posted by Richard Wong on September 11, 2008 at 2:06 AM
ASMP has a book of licensing and contract forms that I bought a couple years ago. It comes with the documents in word and pdf format. Worth it for $20 or so.
Hey Buck, here's a suggestion to keep in the back of your mind. We have incorporated a general licensing statement into our order forms and invoices. We make additions or deletions as needed right on the form for sales that vary from standard. Our attorney assures us that when the client signs the order or pays on the invoice, that's "de facto" agreement to the terms and conditions. If it ever came down to a court battle, the forms would be very strong evidence on our behalf. Funny thing is, feedback from new clients is really complimentary rather than critical. They not only like having terms spelled out, but they also like the simplicity of having it incorporated into the correspondence.
In a similar vein, we need model releases from our studio clients before we can use their images in advertizing or displays. We've incorporated a model release with a signature line right into our portrait order forms. That reminds us to ask for them and creates the opportunity to discuss it with clients on the spot, rather than months later. Most are a little hesitant until we explain it, then quite willing to sign. There's no pressure to sign, and some elect not to do so. Having the question of a release up front and on the table as part of the sale sure simplifies the whole process. As with the licensing agreements, it's also really handy for paper tracking to have the release permanently filed right there in the individual client folder.
Just a heads up from the practical side when you are doing lots of sales.
Posted by Walter Rowe on September 14, 2008 at 5:39 PM
PLUS is pushing to become the industry standard. I encourage people to give it a try. You can copy and paste the PLUS license terms into the metadata of your image files and into your license agreements.
Discussion
4 repliesHey Buck, here's a suggestion to keep in the back of your mind. We have incorporated a general licensing statement into our order forms and invoices. We make additions or deletions as needed right on the form for sales that vary from standard. Our attorney assures us that when the client signs the order or pays on the invoice, that's "de facto" agreement to the terms and conditions. If it ever came down to a court battle, the forms would be very strong evidence on our behalf. Funny thing is, feedback from new clients is really complimentary rather than critical. They not only like having terms spelled out, but they also like the simplicity of having it incorporated into the correspondence.
In a similar vein, we need model releases from our studio clients before we can use their images in advertizing or displays. We've incorporated a model release with a signature line right into our portrait order forms. That reminds us to ask for them and creates the opportunity to discuss it with clients on the spot, rather than months later. Most are a little hesitant until we explain it, then quite willing to sign. There's no pressure to sign, and some elect not to do so. Having the question of a release up front and on the table as part of the sale sure simplifies the whole process. As with the licensing agreements, it's also really handy for paper tracking to have the release permanently filed right there in the individual client folder.
Just a heads up from the practical side when you are doing lots of sales.