What's a Commercial License vs an Editorial License?

An image license is the permit that is granted to a buyer which gives them the right to use a stock image purchased off KeyImagery. There are two types of licenses available - Commercial License and Editorial License - and each has their own restrictions as to what the buyer can and can't do with it. The following sets out the differences between the two licenses to help you decide which is best for your images. With each image uploaded to KeyImagery to sell as stock photography, you will get to choose which license it will be sold under, based on what is in your image and what supporting documents (i.e. model releases and property releases) your image is uploaded with.

Commercial License

A Commercial License grants the buyer the rights to use the image for commercial and for-profit use in advertising, promotions, and other media including on-line/electronic publications. The Commercial License also includes the Editorial License (see below) which grants the buyer the use of the image for non-commercial, personal, and not-for-profit 'fair use' in editorials, magazines, press releases, personal blogs, newspapers and other media including on-line/electronic publications. The Commercial License is granted as an addition to the Media License Agreement.

Permitted uses (in general) for an image with a Commercial License

Images purchased on a Commercial License gives the buyer the right to use the image in:

• prints, posters (i.e. a hardcopy) and other reproductions for personal use or promotional purposes, but not for resale, license or other distribution;
• advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license);
• entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, press releases, personal blogs, and video, broadcast and theatrical presentations;
• on–line or electronic publications, including web pages, web templates and PowerPoint templates to a maximum of 800 x 600 pixels.

PROHIBITED USES (in general) for an image with a Commercial License

Images purchased on a Commercial License must not be used in any:

• products where the photo or image really IS your product;
• products where the image is a main definitive part of your distributed product;
• part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
• prints, posters (i.e. a hardcopy) and other reproductions where the purpose is for resale, license or other distribution;
• use or display any an image that features a model or person in a manner that would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavour;
• use or display any image that depicts a model in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, sexual or implied sexual activity or preferences, substance abuse, crime, physical or mental abuse or ailments, or any other subject matter that would be reasonably likely to be offensive or unflattering to the model;
• sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;
• install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users

Editorial License

An Editorial License grants the buyer specific use of this image for non-commercial, not-for-profit and personal 'fair use' in editorials, magazines, newspapers, press releases, personal blogs and other media including on-line/electronic publications. An image on an Editorial License must not be used for commercial or for-profit use in any advertising, promotion or other media. The Editorial License is granted as an addition to the Media License Agreement.

The high-resolution images that you download with an editorial license may be used to illustrate truthful articles or broadcasts appearing in magazines, newspapers or any other editorial context, in either printed or electronic media. Buying and downloading the image does not transfer the copyright. You may not claim that the image is your own and you may not sell, license for use, or in any way distribute the image.

PLEASE NOTE: All images with an Editorial License must be used with a visible credit line. You are required to include a copyright notice and author/agency credit next to each image used. The exact credit line is specified on the download page at the time of purchase, and is in the format - © 2008 {photographer's name} | KeyImagery.com.

PERMITTED USES (in general) for an image with an Editorial License

Images purchased on a Editorial License gives the buyer the right to use the image in:

• all non-commercial, not-for-profit and personal applications including: books and book covers; magazines; newspapers; editorials; newsletters; press releases; personal blogs; video; broadcast and theatrical presentations, web pages and PowerPoint presentations.

PROHIBITED USES (in general) for an image with an Editorial License

Images purchased on a Editorial License must not be used in any:

• commercial and for-profit applications including (but not limited to): prints, posters (i.e. a hardcopy) and other reproductions for commercial/profit or promotional purposes, but not for resale, license or other distribution;
• advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license);
• products where the photo or image really IS your product;
• products where the image is a main definitive part of your distributed product;
• as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
• prints, posters (i.e. a hardcopy) and other reproductions where the purpose is for resale, license or other distribution;
• use or display any an image that features a model or person in a manner that would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavour;
• use or display any image that depicts a model in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, sexual or implied sexual activity or preferences, substance abuse, crime, physical or mental abuse or ailments, or any other subject matter that would be reasonably likely to be offensive or unflattering to the model.
• sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;
• install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users.

Published: 18/06/2008 10:06 AM | 1464 View(s)