Where the Growth Is

■Third-Party Imagespage (e.g., quarter page), or in inches (e.g., 5" × 4"), or in pixels(e.g., 2,000 × 3,500 pixels). Be sure that any size limitationencompasses the maximum size your use might require.Medium. The medium you will use to distribute your workmakes a difference. Photographers are well aware that digitalis more susceptible to unauthorized harvest and use thanprint, and they charge accordingly.Each vendor can and does imposeits own limitations on use in avariety of forms.Quantity. Be sure that any quantity specified in a licensecomfortably covers at least your first print run (plus anyallowable overage), and be equally sure to go back and getlicense extensions before ordering a subsequent printing.Territory. Specifying world rights will certainly cover you,but it may mean paying for rights you don’t exploit. Determinedifferences in price and make your decision accordingly.Then don’t forget to go back for an extension if it turnsout that you want to exploit an export opportunity.Duration. Many licenses are described as perpetual orunlimited in time, but Rights Managed licenses have finitedurations, and even some Royalty Free licenses have finiteterms (e.g., seven or ten years or more) just to avoid openendedcommitments. Watch for these and arrange forreminders to pop up in sufficient time for you to get an extensionor replace an image.Versions. If a license contains a limitation on versions,make sure the limit encompasses the maximum numberof design versions and editions, and any ancillary works inwhich the image will be used.Language. Look for limitations on the language of the textin the work that will include the image, and think not justabout the book’s language but also about the language(s) onWebsites that may feature it.Exclusivity. The meaning of nonexclusive is pretty straightforwardbut exclusive can be defined by any number of metrics. Makesure any exclusivity is clearly and unambiguously described.The way a license expresses limitations is critical. If you see aterm that is unfamiliar to you, consult the Picture LicensingUniversal System (PLUS) terminology glossary, developedby a coalition of associations representing photographersand other affected constituencies (useplus.com/useplus/glossary.asp). And when in doubt, add your own definitionsomewhere in the purchase documents.Limitation LocationsIt would be terrific if you could find limitations on yourlicense rights in just one place, but the terms of the deal areoften widely dispersed.Terms may appear in a pretransaction document that mightbe provided as a print or online form called a bid, a quote, anestimate, an assignment confirmation, or the like. Althoughsuch a document, in and of itself, is merely an invitation tonegotiate and not a binding contract, your acceptance ofthe offer—either by issuing a purchase order or simply bymaking payment—will have the effect of incorporating theproposed terms, as well as any terms contained in any set of“Standard Terms” (or “Terms and Conditions”) attached tothe offer document. (For some tips on how to counter theseone-sided terms, see “Add Power to Your Purchase OrderForm: A New Year’s Resolution Worth Keeping,” in the January2011 Independent.)Terms may appear in a formal license document. Especiallyif your transaction is effected online, you will probably beasked to click your assent to one of those documents as a partof completing your purchase. Don’t do this until you haveclosely examined the terms of that license that just flashed by.A photographer or stock agencymay elect to recover the profitsyou made from unauthorized useor the profits they lost.And sometimes terms first appear in a post-transaction document,such as a delivery memo, change order, or invoice.Although you can’t be forced to accept these terms if they werenot disclosed prior to your commitment, you will likely haveassented to those after-the-fact restrictions if you pay the invoicewithout examining it and making or arranging for changes.Punishment PossibilitiesWhat happens if, despite your best intentions, a restriction8 | IBPA Independent | February 2013