KNAAK KNAAK MEDIA LICENSE GRANT

 

Photography License

Seriously: this is a legal document. Easy to read? Yes. A valid license with legal effect? Yes indeed!
Read this license to learn about the terms that apply.

The low-down! The nuts and bolts of this license

  1. Knaak Knaak’s Photography License grants you, the Realtor®/purchaser, an ongoing, non-exclusive, commercial, worldwide license to make use of the digital image(s) (“Photo”) you have selected, on the following terms.
  2. You are licensed to use the Photo in the following ways (Allowed Uses):
    • to create multiple End Products that incorporate the Photo as well as other things, so that each End Product is larger in scope and different in nature than the Photo; and
    • to communicate to the public (perform), broadcast, display, distribute, and reproduce those End Products in any and all media and for all uses, subject to the terms and restrictions in this license.

Examples of End Products: publications, signage, packaging, websites, games, apps, presentations, online videos, films, TV shows and advertisements, posters, t-shirts and other merchandise.

Go for it! Things you can do with the Item

  1. You can create one or more End Products for yourself, your employer, or a client. If you create an End Product for a client, then the client is granted a Limited Sublicense to the Photo as part of the End Product and only for use in that specific End Product. So, the Photo itself must not be extracted, reproduced, or used in any other way. You must inform your client of this condition and they must also agree to these terms.
  2. You can make unlimited copies of End Products. You can distribute End Products through multiple media, and you can make them available online or broadcast them to an unlimited number of viewers.
  3. You can modify or manipulate the Photo, or combine the Photo with other works, to suit each End Product. The resulting works based on the Photo are subject to the terms of this license. You cannot claim ownership to the Photo, whether it’s in original form or altered under this clause. You can do the things allowed in this clause if, and only if, each End Product you then create is one that’s permitted under clause 2.

Examples: you can edit, composite or stylize an image to suit your project. See clause 21 for more information about ownership rights in the Photo.

  1. You and multiple other people within your organization may have access to the Photo for the purpose granted by this license. Access should only be given to the people working on the End Product(s) incorporating the Photo.
  2. You can use the Photo for merchandising, which means an End Product where the primary value of the product lies in the Photo itself. While merchandising use is allowed you still can’t use the Photo in stock templates or on-demand applications as per Clauses 9 and 10.

For example, you can use the photo on a mug, poster, t-shirt, or other merchandising product of which you sell copies. However, you still can’t allow multiple end users to customize and print their own merchandise using the photo via an online service, or sell copies of the photo as part of a stock item or template.

Whoa there! Things you can’t do with the Photo

  1. While you may create End Products using the Photo for multiple different clients, you must not allow your clients to extract, repurpose, or reuse the Photo in any other way. If your clients wish to make full use of the original Photo themselves and use it within their own separate End Products, they will need to purchase their own license.

For example: You can use the photo to create customized flyers for different clients, but your clients can’t then reuse the original photo to create their own flyers in the future, without obtaining their own individual license for the photo (e.g., by purchasing it themselves, or you purchasing one on their behalf).

  1. You can’t redistribute the Photo as a photo, as stock, in a tool or template, or with source files. You can’t do this with a Photo either on its own or bundled with other items, even if you modify the Photo. You can’t redistribute the Photo as-is or with superficial modifications. These things are not allowed even if the redistribution is for free.

For example: You can’t license a photo and then redistribute it as a digital wallpaper or as an image in a stock website template for resale.

  1. You can’t use the Photo in any application allowing an end user to customize a digital or physical product to their specific needs, such as an “on demand”, “made to order” or “build it yourself” application. You can use the Photo in this way only if you purchase a separate license for each final product incorporating the Photo that is created using the application. The multi-use nature of this license is not intended for this type of “on demand” use.

Examples of “on demand”, “made to order” or “build it yourself” applications: online custom apparel or product printing services, “create your own” slideshow apps, and e-card generators. You will need one license for each product created by a customer, or contact us to discuss.

  1. You must not permit an end user to extract the Photo and use it separately from the End Product.
  2. You can’t claim trademark or service mark rights over the Photo within the End Product.

The nitty gritty! Other license terms

  1. You can only use the Photo for lawful purposes. Also, you can’t use the Photo in connection with defamatory, obscene or demeaning material, or in connection with sensitive subjects.

Sensitive subjects are those that could be offensive or highly unflattering to the model or put them in a bad light (using a reasonable standard), such as medical and health issues, sexual activity, pornography (adult content), substance abuse, tobacco use, or immoral or illegal activity. This is not an exhaustive list so if you’re not sure, contact Knaak Knaak.

  1. Even though each Knaak Knaak photo is model-released, you can’t use it in a way that creates a fake identity, or implied personal endorsement of a product by the person. Typically, photos authored by Knaak Knaak for the resale of real property are not property released as the seller has no ownership in its intellectual property, however, there are exceptions.

‘Not property released’ means that the author of the Photo you’ve licensed may not be the owner of the intellectual property rights in a real-world product or trademark that appears in the item. If a Photo contains a real-world product or trademark (or any other real object or building), the original owner of copyright, trademark or other rights in that real-world thing may not have cleared the Photo. If a Photo does not contain a real-world product, trademark or other real object, then this notice doesn’t apply.

So, if you want to use the Photo for your project, you’ll need to consider how you’ll be using the Photo. If it’s for a non-editorial purpose you’ll need to get clearance from the original rights owner. That’s because there is no connection between the original rights owner and Knaak Knaak or the author. The original rights owner also does not endorse the item, the author or Knaak Knaak.

For example, the Knaak Knaak has created a photo of a Mercedes car. The car is a real-world product that Knaak Knaak did not create. Although Knaak Knaak created and owns the photo, it doesn’t own any intellectual property rights in the real car itself, Mercedes does. So, it’s OK to use the photo for editorial purposes but if you want to use the photo for other purposes, you’ll need to contact Mercedes to get permission.

  1. You must not use the Photo in violation of any export laws that apply to you.
  2. Except as explicitly established in writing, Knaak Knaak does not perform work for hire. You must execute our Work for Hire Agreement to make any work for hire claims on our products and services.
  3. This license applies in conjunction with our Terms of Use for your use of Knaak Knaak. If any inconsistency exists between this license and the Knaak Knaak Terms of Use, this license will apply to the extent necessary to resolve the inconsistency.
  4. This license applies in conjunction with 1) the Terms & Conditions detailed in the invoice you receive for the Photo, 2) any contracts, and 3) all communications you receive from us, whether verbal or written, prior or subsequent. If any inconsistency exists between this license and any other communication you receive, both verbal and written, prior and subsequent, from Knaak Knaak, this license will apply to the extent necessary to resolve the inconsistency.
  5. This license is issued and valid when you pay, in full, the invoice that details the fee we charge to create the Photo to which it applies, not before, regardless of when you receive the Photo. If any inconsistency exists between this license and any action we take or communication we have with you, verbal or written, prior or subsequent, this license will apply to the extent necessary to resolve the inconsistency.

Basically, until you pay our invoice/fee for the Photo, you have no permission (i.e., no license) to make use of our Photo or publicize it, as detailed in clause 2. In other words, Knaak Knaak retains the right to the first publication of our work until and unless we license it to someone else, like you. Your evidence of a valid license is your paid Knaak Knaak invoice. This information is critical if you’ve not yet received and paid an invoice for a Photo that, at the time, you want/need to use or publicize. If your timeline for use or publication of the Photo demands licensing sooner than we generate an invoice, for example, if the Photo is the first of several related products and/or services we’re working on for you, tell us. Though we often invoice our work after we deliver and you approve every product/service, we can issue separate invoices for each product/service as we complete it. Within the limits of this license, only your paid invoice is our binding agreement to license the Photo to your use and publication.

  1. This license can be revoked if you breach its terms and don’t remedy the breach. If revoked, you must stop using the Photo, which includes no longer making copies of, distributing, and displaying it in any End Products and on any platform. This license can also be revoked for specific platforms and specific End Products to which a breach relates (rather than all platforms and End Products). In this case, this clause applies only to the named platforms and End Products.
  2. This license can be terminated if you breach it and don’t remedy the breach. If termination happens, you must stop using the Photo, which includes no longer making copies of or distributing the End Products until you remove the Photo from them. This license can also be terminated for only the End Products to which a breach relates (rather than all End Products). In this case, this clause applies only to those End Products.
  3. The author of the Photo retains ownership of the Photo but grants you the license on these terms. You can’t claim ownership of the Photo, even if modified under clause 5, for example through content identification systems.

Example: if you use an image in a video, you can’t claim rights to the image (e.g., through applying “ContentID” or similar systems to the image/video).

  1. This license is between Knaak Knaak, the author of the Photo, and you.
    DEFINITIONS

    Term Used

    End Product

    Merchandising

    Allowed Use

    Limited Sublicense

     

     

    you

    Meaning

    See clause 2.

    See clause 7.

    See clause 2.

    The sublicense you may grant to a client under clause 3, granted on condition that use of the Photo is limited to that use which is necessary in order to use the End Product and the Photo must not be extracted, reproduced or used in any other way.

    Yourself or your business entity. For an employee acting on behalf of an organization, that organization.

    Revision date: 09 February 2023

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