This License of Electronic Rights Agreement is an agreement between a photographer
and a client granting the client electronic licensing rights in the artwork. Electronic
licensing rights refer to rights in digital forms of work such as CD-ROM's and DVD's.
This document contains the material terms and conditions of the agreement including a
description of the artwork, payment details, and the specific rights granted. It can be
customized to fit the specific needs of the parties. This should be used by
photographers that wish to grant electronic licensing rights in their work.
LICENSE OF ELECTRONIC RIGHTS AGREEMENT
THIS LICENSE OF ELECTRONIC RIGHTS AGREEMENT (the
“Agreement”) entered into this _____ day of ____________, ________ (the "Effective Date"),
by and between ________________________, (the “Client”) and ________________________
A. The Client desires to obtain the electronic licensing rights in and to certain
photographs of the Photographer (the “Work”); and
B. The Photographer desires to grant to the Client the electronic licensing right in
and to the Work
NOW, THEREFORE in consideration of the foregoing and of the mutual
promises and covenants contained herein, and other good and valuable consideration, the receipt
of which is hereby acknowledged, the Parties hereto agree as follows:
1.00 DESCRIPTION OF PHOTOGRAPHER’S WORK
1.01 The Photographer hereby grants to the Client, a license for the electronic right in
and to the Work of the Photographer described as follows:
(i) Title ______________ Subject Matter ______________________
Number of Images __________.
1.02 The Client and the Photograph hereby agree that the Work shall be delivered to
the Client by way of _______________________ (e.g., computer file ,etc.).
1.03 The Client and the Photographer hereby agree that the Photographer shall deliver
the Work to the Client by __________ (___) days after the execution of this Agreement and
upon receipt by the Photographer of the consideration set out in Article 2.01 below.
2.01 The Client and the Photograph hereby agree that the Client shall pay to the
Photographer the sum of _______________ ($_________) Dollars (the “Consideration”) for the
electronic usage rights granted under this Agreement.
2.02 The Photographer hereby agrees that [he/she] will deliver to the Client the Work
within _________ (___) days of receipt of the Consideration from the Client.
3.00 RIGHTS GRANTED
3.01 Upon the Photographer’s receipt of the Consideration, the Photographer hereby
grants and assigns to the Client the following electronic rights in and to the Work:
(i) for the product for publication named ____________________;
(ii) in the following territory/territories ______________________;
(ii) for the following time period ___________________________;
(iii) the Client may use the Work for display purposes only and shall not have
the right to digitally copy the Work unless agreed to by the Photographer
and the Client in writing; and
(iv) the Client shall have non-exclusive rights to and in the Work, unless
otherwise agreed by the Photographer and the Client in writing.
3.02 Any and all rights which are not expressly granted in this Agreement are reserved
to the Photographer, including, without limitation, all rights in any and all preliminary material
provided to the Client and all non-electronic rights.
3.03 For the purposes of this Agreement, the term “Electronic Rights” shall mean
rights in the digital form of works that can be encoded and stored from any type of media or
computer diskettes, CD-ROM’s, computer databases or networks.
4.00 ADDITIONAL USE OF THE WORK
4.01 Should the Client wish to make use of the Work in any additional ways or for any
additional purposes, the Client agrees that it shall first secure the consent of the Photographer to
do so in writing and shall pay to the Photographer any and all additional fees as may be agreed to
5.01 The Client and the Photographer hereby agree that any published Work of the
Photographer shall be published in the name of the Photographer and contain any and all
5.02 The Client hereby acknowledges and agrees that ownership of the Work shall
remain with the Photographer and the Client hereby further agrees to take all reasonable steps to
prevent any third parties from duplicating or distributing the Work.
5.03 All licensed Work that the Client received from the Photographer is non-
transferrable to any third party and is for the Client’s own use. The Client hereby agrees that it
shall not sell, loan, sublicense or in way transfer the Work and the Client further agrees that it
may not grant to any third party the right to the use or distribution of the Work.
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not 3
6.01 The Client hereby agrees to indemnify and hold the Photographer harmless from