GLOSSARY

Commercial photos

COMMERCIAL LICENSE

If you want to use a photo in any professional or commercial project (online or offline, that is not a news story, news blog or magazine article etc.), you need to purchase a photo with a commercial license.

The differences between Commercial and Editorial usage are widely debated with differing opinions on the exact rules. There is therefore often a grey area causing confusion at the best of times!

Generally, you will need to purchase a photo with a commercial license in order to use it for any product where the photo is primarily used to aid in the sale of a specific product or service, thus meaning profit will be made directly from the use of the photo.

Synopsis of situations where commercial license is required:

• Product, service or event advertisement - print or online


• Company advertisement - brochure, flyer, pamphlet, poster - print or online


• Any product for re-sale (books, CD covers, posters, calendar, mug)


• Trade show displays and exhibits

In more detail:

PERMITTED USES
Commercial usage applies when the Model and/or Property Releases exist or are not necessary.

If you have purchased a commercial license for a photo you may:

1. Use the Photo(s) and/ or Text Content in media and formats, numerous times and ways subject to the Prohibited Uses detailed below.
2. Use the Photo(s) and/ or Text Content:

a. In broadcasting, theatre, multimedia work, including film and video for television, internet and theatrical display;
b. In solicited e-marketing campaigns (print, online and in email);
c. In the packaging of a product;
d. In CD, DVD, video and/or book cover art artwork;
e. As part of editorial or advertising content in online and print (offline) magazines, newspapers, books, eBooks, directories, calendars and/ or publications;
f. On company stationery including complimentary slips, letterhead and business cards, pamphlets, posters, flyers, brochures, catalogues and exhibition displays;
g. Incorporated into design and software templates, provided that the Photo cannot be extracted from the template, as specified in the Prohibited Uses below;
h. As posters, prints and other reproductions for decoration in a studio, home, office, restaurant, public area, shop or premises owned or rented by you or by a client to whom you provide services;
i. In merchandise for resale or distribution including, without limitation, electrical products and goods, artwork, posters, postcards, maps, clothing provided that such merchandise: a) combines words and a Photo or Photos; and/ or b) the Photo is not the primary factor driving the sale of such merchandise.


PROHIBITED USES
You may not:

1. Use a Photo and/ or Text Content in any other way, including but not limited to posting, copying, printing, displaying, broadcasting, publishing, submitting, projecting, distributing or transmitting, than specified in the Permitted Uses section above.
2. Sub-license, re-sell, rent, modify, lend, assign, redistribute, transfer, distribute, share, gift, or make available the Photo(s) and/ or Text Content or the rights granted in this License Agreement except as specifically provided in the Terms and Conditions.
3. Display any Photo on a website or extractable device, such as, but not limited to, intranets, web tools, mobile phones etc, whereby the Photo has dimensions more than 800 x 600 pixels.
4. Remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Photo and/ or Text Content;
5. Use a Photo in such a manner that it infringes upon any third party's trademark or intellectual property rights.
6. Use any of the Photo(s) and/ or Text Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo or claim any proprietary rights of any sort in the Photo(s) and/or Text Content or any part thereof.
7. Incorporate the Photo(s) and/ or Text Content in any product, other than expressly allowed in the permitted uses above, where a person can extract and/ or access and/ or reproduce the Photo(s) and/or Text Content as an electronic file;
8. Use any Photo(s) that portrays a model, person, building or property in a manner that Shoot Bank (acting reasonably) would deem as negative and/ or offensive
a. that depicts such person in a potentially sensitive subject matter including, but is not limited to, usages as advertisements in the following industries: adult entertainment; tobacco; political endorsement; pharmaceutical and medical products; birth control; and abortion.
b. that would lead a reasonable person to think that such model, person, building or thing uses or personally endorses any business, product, service, cause, association or other endeavour; or
If a Photo featuring a model, person, building or property is used in a way that implies endorsement, use of, or a connection to a product or service, or a potentially unflattering or controversial subject, you must print a statement, which indicates that the person, model, building or property has been used for illustrative purposes only.
9. Use or permit the use of Our Photo(s) and/ or Text Content in a manner that is considered under applicable law or by Shoot Bank (acting reasonably) as obscene, immoral, indecent, pornographic, infringing, defamatory or libellous in nature, or that would be reasonably likely to bring any person or property reflected in the Photo(s) and/or Text Content into disrepute or violate any person's right of privacy or publicity.
10. Use the Photo(s) and/or Text Content on websites or other channels designed to induce or involving the sale, license or other distribution of “print on demand” products, including postcards, mugs, t-shirts, posters and other items similarly mass produced containing the Photo and/ or Text Content in a dominant way.
11. Profit from the use of Photo(s) or Text Content as the primary factor driving the sale of any merchandise.
12. Use Photo(s) or Text Content that compete with, or attempt to compete with, Shoot Bank and/ or Shoot Experience Ltd in any way.

Please see our Terms and Conditions for more information.
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