Shared Use of Photographs
The pricing strategy of this Shared Use plan lowers the cost for each Sharing Partner (“SP”) to an amount below the Base Cost charged to a single client. It is designed to accommodate the photography needs of the Owner, Architect, General Contractor and other principals when a new construction project comes to completion. It provides all Sharing Partners with a license for unlimited, perpetual use of Select photographs (defined in #4, below) and splits the cost equally between them.
1) Calculating the Share When only one party (Sole Use) commissions photos, that party pays 100% of the Base Cost. When multiple parties (Shared Use) join the agreement, each pays an amount less than the Base Cost. For each Sharing Partner added to the plan 50% of the Base Cost is added; the new Shared Use Cost is divided between the total number of Sharing partners.
2) License & Copyright The Sole Use and Shared Use Plans both grant – upon payment of the invoice – an unlimited and perpetual license to use the photos (not ownership) for marketing purposes including web, social media, print, industry award competition, and other display. Parties to the agreement cannot sell, gift, or otherwise distribute the photos to others outside the agreement, now or in the future, except as is necessary to accomplish these permitted uses. The photographer retains the copyright to all photographs and reserves the right to use them for marketing purposes.
3) Shot List Parties to the agreement will be asked for input in the form of a Shot “Wish” List which describes - in general terms - the views or type of photos they would like. Every reasonable effort will be made to capture the photos described in the Shot Lists, but there are no guarantees. Safety concerns must be considered. The atmospheric conditions that result in dramatic sunrise/sunset shots and “blue hour” photos don't occur every day, and can't be scheduled. Multiple trips to capture such photos can add substantially to the cost of the project. Requests for photos that specifically include people will not be accommodated in a Shared Use agreement.
4) Photos fall into 3 categories: Production, Proofs, Selects
• Production photos are “work product” used to produce Proofs and Selects; they will not be delivered.
• Proofs are those photos chosen by the photographer and presented for consideration. They will be uploaded to a temporary on-line gallery/album, typically on Dropbox. Each Sharing Partner will be provided with the URL to the proof gallery. A copy of the proofs will be delivered with the Selects.
• Selects are chosen by the Sharing Partners and given “best treatment” in post-processing. That is, they will be individually optimized for color, contrast, tone, density, hue, perspective and other criteria including localized adjustments to maximize detail throughout. They are cropped to eliminate distracting elements as determined by the photographer, and will be delivered in 2 different resolutions: Native (cropped but neither up-sized or down-sized), and 6000 pixels on the long side.
Sharing Partners will provide their list of Selects by email. All Selects chosen by any Sharing Partner (SP) will be given best treatment and delivered to all Sharing Partners. For example, 20 proofs are presented. SP#1 chooses 6. SP#2 chooses 2 that were not selected by SP#1. SP#3 chooses 3 that were not selected by either SP#1 or SP#2. The total number of Selects is 11. The cost of producing final versions of all 11 Selects will be included in the Base Cost. All Sharing Partners will receive all Selects, including those they may not have chosen for themselves but which were chosen by another SP.
• Delivery Photos will usually be delivered via URL to a zip file. The zip file is a temporary convenience, not a permanent repository for photos. Sharing Partners should download the zip file and confirm the content is complete. Permanent storage of the delivered photos is the responsibility of each Sharing Partner.
• Payment & Grant of License Payment from each Sharing Partner is due upon receipt of their invoice. The invoice will reflect the Base Cost plus % additions described above for each Sharing Partner. The total to be “paid by others” will be shown as a credit. The total shown on each invoice will be the amount due from that Sharing Partner. The license to use the photographs becomes effective upon payment of the invoice.