Rights Managed License

By purchasing a digital photograph (“image”) from the Photography by Brandilyn, you agree to the following licensing terms and conditions.     All Photographs produced by and purchased from Photography by Brandilyn, with the exception of the “Semi-Stock” collection, shall be bound under the following license.

Every attempt will be made to include a copy of this license or a link to this license with your purchase.  Lack of such inclusion, however, does not nullify the license as stated below.  If there is a discrepancy between the delivered license and the one posted here, the delivered license takes precedence.                                  

 

Name of Photographer: Brandilyn Carpenter/Photography by Brandilyn
Mailing address: PO Box 9352
Postal Code: 77387
Phone number(s): 346-305-1269
E-mail(s): brandilyn@photographybybrandilyn.com

Title of Image: All images not identified explicit as part of the “Semi-Stock” collection

Name of person who owns the copyright to these image: Brandilyn Carpenter

Agreement:

The photographer grants the licensee the exclusive, non-transferable and non-assignable use of The Image for the life of the work in which it is used below or as specified in writing by Photography by Brandilyn and agreed upon by all parties prior to payment. See Rights Granted for more specific information.

Payment:

The amount will be determined on a case by case basis and is to be paid immediately upon receipt of the image.

Rights Granted:

  1. The Image may be used in 1 of the following commercial manners without further licensing requirements provided licensee does not exceed 250,000.
    1. One Book Cover (including, but not limited to the Romance Genre and LGBTQ literature)
    2. One Item of clothing or similar
    3. One article or blog post
    4. As part of one collective work
    5. One album cover or liner notes
    6. Printed and/or displayed as a work of art or included in a larger work that is printed and/or displayed.
    7. Other uses can be discussed with the photographer prior to purchase.
  2. Image may additionally be used for promotional items specifically related to the usage defined in item 1.
  3. Image may NOT be used for any other “For Sale” items without extended licensing.
  4. Licensee may obtain additional licensing by contacting the photographer
  5. Licensee is allowed to crop and/or electronically alter the image to suit their purposes for the usage stated above.
  6. Licensee or Licensee’s sub-contractor may print The Image provided that product is for personal or business (not commercial) use.  It may not be resold.
  7. Licensor reserves the right to specify additional rights and limitations at time of purchase. Such rights and limitations will be agreed upon prior to payment and put in writing to be delivered with the image.

Limitations:

  1. Licensee may store image digitally, but is the sole licensee.  Additional seat licenses must be purchased for additional users, even if additional users are part of the same group, company, club, family, etc.
  2. The Image may not be incorporated into a trademark, logo, or other service mark.
  3. The Image may not be used in conjunction with any activity illegal in the United States nor the country where the image will be displayed or distributed in accordance with rights granted above.
  4. The image can not be used in a manner to slander or otherwise defame an individual or group of individual.
  5. The image can not be sold or redistributed in its unaltered form.
  6. Licensee can not sell or distribute the derivative work in a manner allowing the original image to be extracted or downloaded or printed.
  7. Licensee may not post the image in such a way that it can be downloaded or distributed.
  8. The licensor must not attempt to alter or remove the data imbedded in the file including, but not limited to, the copyright information, photographers name and contact information, license information.
  9. Credit/Acknowledgement of the photographer’s name and website URL http://www.photographybybrandilyn.com must be given when the image is published, either with a picture credit, caption or a link/acknowledgement in the publication if the image is used for editorial purposes (newspapers, magazines, newsletters, web or print publications, etc…).
  10. Selling and/or redistribution of this image is forbidden.

Copyright:

The photographer retains all copyrights attached to this image as well as any other rights which may not be detailed in this agreement.

Indemnity:

The Licensee indemnifies and holds harmless Brandilyn Carpenter/Photography by Brandilyn against all claims, liability, damages, costs and expenses stemming from a breach of this agreement, the use of the image, your failure to abide by any restriction regarding the use of an image, or any claim by a third party related to the use of the image.

Warranty and Liability:

This image is provided “as is” with no warranty regarding the suitability of the image for any purpose. The artist is not liable to the client or any person or entity for damages, costs or losses stemming from any usage of this image.