License Usage Terms
Rather than assign photography, costing time and money, many photo buyers choose to use preexisting so-called stock images suitable for their purpose. Once an image is captured, the copyright belongs to the creator (photographer.) Protected by the US Constitution, copyright is the right of only the photographer to copy or reproduce the image. Thus stock images for publication are typically licensed by purchasing permission for use rather than purchased outright. Basically there are two usages for such images. Editorial use seeks to illustrate, educate and convey news. Commercial use is restricted to advertise, endorse or promote a commercial product.
Editorial or commercial use of an image either without a license or outside the permissions granted by a license is termed copyright infringement. Generally, damages can be sought that are equivalent to the normal licensing fee for the unauthorized use. However, in the US, if an image is registered with the US Copyright Office damages are more substantial. Wilful infringement, meaning deliberate infringement in spite of visibly published copyright information, may be subject to damages of up to $150,000 per infringement. Paul Skelcher owns the copyright to all images on this site, www.paulskelcher.com, which are registered with the United States Copyright Office.
All images on this site are available for editorial use and priced according to how the image will be used. There are separate licenses for Print and Electronic use although e-use is an additional option with a Print license. A Gallery license permits the same usage of multiple images under one license.
Below are explanations of the usage terms that define the limits of a license. Terminology and permissions are based on ASMP (American Society of Media Photographers) and PLUS (Picture Licensing Universal System) standards.
License to be use once only, except for printed books and posters where subsequent print runs of any quantity in any language may be made within the Duration period.
Refers to placement of the image within the publication. For example, a single image on the cover, a single image on an inside page or multiple placements on any pages including the cover. Choices for Website are One or Any placements; for newsfeed, cell phone, and CD-DVD Any placements are permitted.
On the page or screen, usually expressed, for instance, as Size-up to 1/16 page to Size-to two pages. Posters are sized in two ways: as fractions of the poster area, Size-up to 1/16 area to Size-up to 1/2 area, and full page sizes in inches for vertical or horizontal formats.
Any size is permissible on a cell phone or mobile device.
Printed books, posters and CD-DVDs: Often have an initial print run (or pressing) followed by subsequent printings of that same edition if sales are good. Initial Print Run (or Pressing) in Main Language includes printed books, posters and CD-DVDs that are printed in one or more languages where selection of usage should refer to the initial print run in the one language or in the most commonly printed of any of the published languages for that edition. In the latter case, for the usage right Language Version, select Any languages rather than One language. Any number of print runs of any quantity and in any language of the same edition are allowed within the licensing Duration period.
Printed periodicals-magazines, newspapers and newsletters: Copies Printed Globally Per Issue refers to the total number of copies printed worldwide for a single issue which includes those printed in other languages of that same issue. Copies refers to the number of copies actually printed, not the number sold.
For an Editorial Electronic License, the number of periodicals (magazines, newspapers and newsletters) sent to paying subscribers and those on a mailing list is labelled as Copies Distributed.
The time during which the license may be exercised. License duration period starts the day payment is received.
Printed books, posters and CD-DVDs: Require a lead-in time for preparation and image selection before the first print run. A one-year license may well be sufficient to cover this, but if sales are good more printings may be needed but not permitted if the license period has expired. So, for instance, a Duration of three years allowing for any number of printings of any quantity of any language of the same edition within that time may be more suitable.
Printed and electronic periodicals: Magazines, newspapers, newsletters, without the need for additional print runs of a particular issue, are permitted a Duration of one year in which to exercise the license.
For website, newsfeed, and cell phone-mobile device, Duration refers to the maximum time period the image may be displayed onscreen.
Electronic archiving of periodicals-magazines, newspapers, newsletters, and newsfeed is permitted beyond the Duration period.
Indicates the geographical distribution of the publication.
Printed books, magazines, newspapers and newsletters may be distributed locally, regionally or worldwide; for more than one region, select Worldwide. For newspapers local choices within the US are one state, one metropolitan area, major city with population over 250,000, or minor city with population less than 250,000. For posters the choice is between United States and Worldwide.
For electronic use distribution is Worldwide.
The choice is One language or Any languages. Select Any languages if the same edition of a printed book, magazine, newspaper, newsletter, poster or for any electronic use is available or distributed in more than one language.
The Editorial Print License includes the option for additional e-use which must correspond to the printed version of the publication.
The Editorial Electronic License is for e-use only, not printed material.
Refers to print or electronic distribution.
Non-exclusive means the image can be licensed to multiple buyers at any time.
Contact me if an exclusive license is required. The exclusivity might be limited to duration, medium, region, language, industry or any other category agreeable to buyer and photographer.
An edition of a publication, printed or E-book, poster or CD-DVD, refers to its written and graphical content. Any change in that content, update, or addition of new material, constitutes a new edition requiring a new license.
For the purpose of this website a new version only refers to a change in language. Thus the same edition of a printed book or poster, or any electronic use may be available in any multiple language versions without requiring the need for new licenses.
Model or property release:
Usually not required for editorial usage, but generally necessary for commercial usage. No images on this site have model or property release unless specifically noted.
Credits the photographer of the image. For electronic use "www.paulskelcher.com" should appear on or near the image. For print use "Paul Skelcher" should appear on or near the image, or on the credit page. Contact me if you have a question about the credit line.
Refers to any restrictions on the way images are used. Images on this site may not be used in a defamatory or derogatory way toward people, their cultures, and religions.
No use is permitted on any social media sites.
Contact me for image history, exclusivity, and possible commercial use. For many images on this site the need for model or property releases is not applicable so does not prevent commercial use.
Essentially means information about data; in this case contact, copyright, caption, keywording and license information about the image is embedded within the image file. Removal or alteration of this data is a contravention of the Digital Millennium Copyright Act of 1998.