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Photo Licensing Fees
Research fee: $100
Scanning & Transmission fees: $45 for first image and $25 for each thereafter. Quotes will be tailored to client's
media usage and based on circulation/print run, ad page rates, rarity of requested photos, number
of photos selected, and other, similar factors. Please provide specific information about
intended usage, for a precisely targeted quote.
Please note that no electronic, reprint, or promotional rights are granted, implied or transferred
unless requested and so designated in writing. Only those rights specified in the Contract (below) are
transferred; all other rights are reserved to the photographer.
All photographs are © 2001-06 Sonia Katchian and have been registered with the U.S. Copyright
Office. Photographs by other Photo Shuttle: Japan photographers are copyright under their own names.
Effective January, 2006 Photo Shuttle licensing fee minimums are as follows:
Editorial use:
Cover (full) of consumer magazine: $950 and up
Full page in consumer magazine: $425 and up
Spot to 1/4 page in consumer magazine: $225 and up
Magazine reprints: starting at $900 per image for 1,000 copies
WWW, up to 1/4 screen, home page, 3-months: $650 and up
WWW, up to 1/4 screen, secondary page, 3-months: $450 and up
Corporate use:
Cover (full page) of annual report: $1300 and up
Full page in annual report: $750 and up
Spot to 1/4 page in annual report: $475 and up
Front (full page) of corporate brochure: $800 and up
Full page in corporate brochure: $600 and up
Spot to 1/4 page in corporate brochure: $325 and up
Advertising use:
Please call for quote (919) 967-1585 (EST) or eMail us
PSJ Pre-Transmission Contract
THE STOCK PHOTOGRAPHY
PRE-TRANSMISSION CONTRACT
Thank you for requesting photographic material from Photo Shuttle. Please sign, date, and return
this contract acknowledging these standard terms and conditions. Upon receipt of
the signed form, research will commence and your photo request processed.
Note: Photo research will not start until this signed agreement is received by Photo Shuttle.
Name & Title:
Publication / Company:
Address:
Phone
Fax
Email
FedEx #
(Your address, phone, email if different than above):
SUBJECT(s):
USAGE REQUESTED:
FEE(s):
IMAGE SIZE(s):
VALUE:
IN EVENT OF LOSS OR DAMAGE TO ORIGINAL ART, CLIENT AND PHOTOGRAPHER AGREE THAT EACH PHOTOGRAPH HAS
AN AGREED VALUE OF NO LESS THAN $2000.00 PER IMAGE.
Client accepts delivery of photographs expressly on the following conditions which
embodies all of the understandings and obligations between the parties hereto.
COPYRIGHT PROTECTION CREDIT AS FOLLOWS MUST APPEAR ADJACENT TO THE IMAGES. OR QUOTED
FEE IS TRIPLED. WITH COVER USAGE, CREDIT MUST APPEAR EITHER ON THE COVER OR ON
THE TABLE OF CONTENTS PAGE.
© Sonia Katchian/PhotoShuttle.com
TERMS AND CONDITIONS
A. Definitions:
"Photographer" refers to Photo Shuttle. "Client" refers to the commissioning party or company named above, its representatives,
successors, assigns, agents and affiliates.
B. Payment:
FULL PAYMENT MUST BE RECEIVED BY PHOTOGRAPHER PRIOR TO PUBLICATION. ANY USE PRIOR
TO PAYMENT SHALL BE CONSIDERED AN UNAUTHORIZED USE. Client agrees that reasonable
and stipulated amount which shall be paid by Client to Photographer for use prior
to receipt of payment by Photographer shall be three (3) times Photographer's customary fee
for such usage.
C. Grant of Rights:
Grant of reproduction rights hereunder is conditioned upon Client's written acceptance
of each term set forth in this agreement, including but not limited to, receipt of
payment in full by Photographer and placing of the required copyright notice on each
use of Photographer's work. All rights not expressly licensed to Client in writing
remain the exclusive property of Photographer. Unless otherwise stated above, duration
of license is six times the periodicity of the publication or ninety (90) days which
ever comes first.
D. Space Rates:
All usage is quoted as a minimum against space. Any additional space rate will be
billed as such upon publication.
E. Return of Photographs, Destruction of Digital files & Return of Media:
Client assumes all risk for all photographic material supplied by Photographer from
time of receipt by Client to time of actual receipt of photographs by Photographer.
Client agrees to return all such material in undamaged, unaltered and unretouched
condition within thirty (30) days of receipt, or if a License is granted, within three
(3) months of receipt by client or by first publication date, whichever is sooner,
or such other period as is stated in writing herein. Client agrees to destroy all digital files within one week of reproduction. If the files were sent on digital media, all such material must be returned in undamaged
condition within thirty (30) days of receipt.
F. Film and Digital Media Holding Fees:
A holding fee of five dollars & fifty cents ($5.50) per item per day shall be payable
from the return date until time of receipt by Photographer unless otherwise indicated.
G. Copyright Protection/Credit Line:
For Editorial use, credit line in the form "
© Sonia Katchian/PhotoShuttle.com
" in type no smaller than that of related text, and correctly spelled, must appear
adjacent to the photograph(s) or fee is tripled; in the event of a magazine cover, credit line must appear either on the cover or Table of Contents page; in the event of a book cover credit line must appear both on book jacket and on the Publisher's Page. Client acknowledges that, in an oversight in this matter, a
triple fee is fair and reasonable for photographer's loss of recognition and lack
of copyright protection resulting from lack of, or improper, copyright notice/credit line.
For Non-Editorial use, Client will provide copyright protection by placing proper
copyright notice on any use. Proper notice may be either " Client Name, Year-date
of first publication", or "© <> Sonia Katchian / PhotoShuttle.com" adjacent to or within the photograph(s).
H. Indemnity:
Client hereby indemnifies and holds Photographer harmless against any and all liabilities,
claims, and expenses, including reasonable attorney s fees, arising from Client's
use of Photographer's work. Client assumes insurer's liability (a) to indemnify Photographer for all loss, damage, or misuse of any photographs: and (b) to return all
photographs prepaid, fully insured, undamaged, by bonded messenger or overnight delivery
service.
I. Loss or Damage:
The parties acknowledge that it is difficult if not impossible to determine the exact
value of each photograph subject to this agreement because of the duration of copyright
protection and its present and potential value. Therefore, the parties have agreed that the reasonable value for loss or damage of each photograph is a sum no less
than the amount indicated on the first page of this agreement. Client further acknowledges
that its acceptance of this liquidated damage amount is a material consideration
for photographer agreeing to deliver to Client the photographs subject to this agreement.
In the event that Client infringes on Photographer's copyright in and to the works
delivered herewith, then Photographer shall be entitled to obtain immediate injunctive relief to prevent further infringement and that Photographer shall not be required
to post a bond to obtain injunctive relief, or if a bond is not waiveable, such bond
shall not exceed $100.00. Photographer shall be entitled to recover the greater of
Photographer's actual damages, or statutory damages in a sum not to exceed $20,000.00,
in cases of non-willful infringement. In each instance, Photographer shall be entitled
to recover reasonable attorneys' fees incurred and related costs in enforcing Photographer's rights under the United States Copyright Act, and under each federal or
ancillary state law under which Photographer is awarded or granted damages.
J. Alterations:
Client will not make or permit any alterations, additions, or subtractions in respect
of the photographs, including without limitation any digitalization or synthesizing
of the photographs, alone or with any other material, by use of computer or other
electronic means or any other method or means now or hereafter known.
K. Default:
In the event of non-payment or other breach of this Agreement by Client, Client shall
pay all of Photographer's costs and expenses incurred in connection with enforcement
of the terms of this agreement, including Photographer's reasonable attorney's fees.
L. Releases:
Photographer is not responsible for obtaining model, property, or other releases
in connection with any of the photographs licensed herein unless specifically stated
herein.
M. Copies:
Client shall provide to Photographer five (5) copies of each use of the photographs
no later than the date of first publication.
N. Miscellaneous:
Client may not assign or transfer this license. No alterations may be made in any
of these provisions without the express written consent of the Photographer.
O. Governing Law:
This agreement incorporates by reference Articles II and III of the Uniform Commercial
Code now in existence, in the State of New York, and the Copyright Act of 1976 as
amended. This agreement shall be deemed to be a contract made under the laws of the
United States of America and the State of New York and for all purposes shall be interpreted
in its entirety in accordance with these laws. Client specifically and irrevocably
confers personal jurisdiction over it by the courts of the State of New York or the United States District Court for the District of the State of New York. Client specifically
waives all rights to contest each court proceeding on the grounds of personal jurisdiction,
venue and forum non-convenience. In the event of any award or judgement in favor of Photographer, or any settlement between Photographer and Client, arising
from effecting and protecting Photographer's rights and benefits hereunder and/or
any aspect of this agreement, Client shall pay all costs and expenses incurred by
Photographer and/or Photographer's legal counsel related thereto, including, but not limited
to, reasonable legal fees, arbitration and court costs, associated expenses, and
legal interest on such award, judgement, or settlement.
CLIENT SIGNATURE DATE
PHOTOGRAPHER DATE
PLEASE FAX A SIGNED COPY OF THIS CONTRACT TO
PHOTO SHUTTLE AT (425) 648-6858.
THANK-YOU
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