Buy out agreement

<p>I recently have encountered a client asking for buy out for my photography. However, I am not sure how to word it in my terms and conditions. <br>

Does any photographers here know where I can find an example of such contract online? Or even if you guys know how to word it and can give me some help, that'll be wonderful. <br>

I don't think I want copyright transfer, where I will still hold the copyright, but the client can use my images in anyway they wish.<br>

Your prompt reply is appreciated. Thank you very much.</p>

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<p>Offer non exclusive, unlimited usage then. That gives them the right to use the images however they wish but allows you to license them to others. If that doesn't work you can try exclusive, unlimited usage with the right to use them in your own portfolio and web site. You can go further if necessary but price accordingly.<br>

For usage terms look at http://updig.org/.</p>

<p>So what is really buy out then? I thought they will get exclusive unlimited usage on buyout..<br>

Anyway, they requested buy out...so that's why I want to know how to write it on my terms and conditions.</p>

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<p>what is really buy out then?... ...Anyway, they requested buy out...so that's why I want to know how to write it on my terms and conditions.</p>

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<p>How can anyone draft legal documents for you if you don't even know what it is you want accomplished? You need to find out exactly what is going to be tendered to the client first.</p>

<p>Even if that is accomplished, the error rate of legal advice and sample documentation on the internet is very high yet, the people providing the content seem very confident about it. You can consider the phrase "you don't ask photography advice from a lawyer, so why ask for legal advice from a photographer" that comes up from time to time. It seems appropriate to raise that, in this instance, because you are actively looking for something without even knowing what it means which is a risk multiplier.</p>

<p>There are publications authored by people with actual expertise and organizations that have been provided with that as well which, in turn, provide more reliable information and contract illustrations. Its a good idea to learn about the material to help avoid confusion mow and in the future.</p>

<p>BTW, a buyout can mean anything even when it has a customary meaning. Labels aren't everything.</p>

<p>As John points out a buyout can mean different things to different people. What I was pointing out were some negotiation positions to offer instead of a buyout. For contracts you are going to need good resources like ASMP's Business Practices book or John Harrington's book.</p>

<p>I understand what I want to give them. and I don't want to transfer my copyright to them, but allow them to use the photos with unlimited usage for buyout.<br>

What I want to ask is that, what is the best way to word this 'Buyout" clause in my terms and conditions?<br>

Hope you guys can help me. Thanks.</p>

 

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<p>what is the best way to word this 'Buyout" clause in my terms and conditions?</p>

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<p>That can't be answered because you still haven't explained what "for buyout" means. You added it as an additional parameter or factor to you usage scheme for some reason or maybe gratuitously. We don't know.</p>

<p>How about "Unlimited usage in perpetuity. Copyright remains with photographer." But then you also have to think about them selling, giving away, licensing the image(s) to a third party, is that something you want them to be able to do? IANAL and know nothing about any local, state or other laws that might apply to your specific situation. <br /><br />The absolutely best thing you can do is to think and communicate with the client about exactly what it is they want and then sit down with a local attorney and get your toc written up.</p>

<p>Only give license to use for PERSONAL use and NOT for COMMERCIAL use!</p>

<p>They can make prints for Grandma, but not for Uncle Salvatore in his ad campaign for his realty business.</p>