IMAGE LICENSING DIGITAL, PRINT AND COMMERCIAL INFORMATION
Only images purchased through K10 Media directly or on our Pixieset Gallery ( https://k10media.pixieset.com/ ) can be licensed
K10 Media grants buyer a non-exclusive, non-transferable perpetual personal-use license to download image(s) they purchase and are subject to the following restrictions:
This license is for personal use only. Personal use means non-commercial use of the Media. Title and ownership, and all rights now and in the future, of and for the Media remain exclusively with K10 Media / Kody Valera. There are no warranties, express or implied. The Media is provided 'as is', we will not edit or alter the images unless we are compensated to do so by direct request and the K10 watermark or logo must stay intact and visible for ALL digital downloads unless you purchase a exclusive license.
"Personal Usage" What you can do:
• Personal, Non-Commercial use of the Media
• Display on personal websites and computers.
SOCIAL MEDIA
The Buyer may share post links, Facebook albums and posts, Instagram reels, stories and posts through use of the share functions and dissemination of direct links.
* All images posted on social media require a direct link or credit towards K10 Media/Kody Valera. Buyer shall not copy, download, screen shot, or capture the photographs in any other fashion.
• Buyer also shall not crop, edit, or add filters to any photographs. This includes Facebook’s “automatic” filter.
• Buyer cannot crop out watermark or logo. Photo is framed with intention, cropping ruins that intent. If you want to use it as a profile picture, that is fine but again do not forget to tag K10 Media
* Understand that Social Media platforms lowers the quality of photos and sharing a screen shot only further degrades image quality. So please refrain from doing this as it not only does not
show you off in the best possible way and it also makes my art look less than stellar.
• We require attribution for digital photos you share on social media - tag K10 Media, because the more you do the more I am able to continue shooting for you!
WHAT YOU MAY NOT DO
Buyer/Subject in photo may not:
• Resell, relicense, sub-license, redistribute without express written permission from the Photographer
• Use the Media in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration
• Use the Media in advertising
• Use the Media in a pornographic, obscene, illegal, immoral, libelous, or defamatory manner
• Incorporate the Media into trademarks, logos, or service marks
• Make the Media available for download
Neither K10 Media / Kody Valera nor K10 Media / Kody Valera vendors will be liable for any third party claims or incidental, consequential or other damages arising out of this license or Buyer's use of the Media.
• Make prints with the media, even if you do be advised they are low resolution Web Only Copies.
• Use the media in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration or use The Media in advertising with the intent of promotion.
* For example, you, your sponsor, any media outlet, event production company cannot use the media for advertising materials without first purchasing a commercial license from me DIRECTLY.
Contact me directly at: info@k10-media.com if you would like :
• The photo to be switch to black and white
• You need the photo cropped
• You or your sponsor would like to license the photo for commercial use
K10 Media / Kody Valera retains all rights, license, copyright, title and ownership of the Media. Even if you do obtain commercial license of any photos, Copyrights still belong to to K10 Media/ Kody Value and as the Copyright holder only I am allowed to sell these images unless we have a written exclusivity agreement stating otherwise.
LICENSE
All images are property of K10 Media / Kody Valera and are copyrighted by law. None of them cannot be copied, used, or published for commercial purposes without K10 Media / Kody Valera's clear written permission to do so. K10 Media / Kody Valera reserves the right to use all of Client’s images on website, blogs, or any other related marketing material, even if client purchases photo for commercial use, I still retain the copyrights to use these photos for my own promotion. Purchasing a commercial license does not mean that you purchased the copyrights to the images.
COMMERCIAL USE LICENSE
What buyers can do:
K10 Media / Kody Valera ("Content Provider") grants commercial license buyers a perpetual, non-exclusive, non-transferable, worldwide license to use the accompanying image(s) (collectively, "Media,") for permitted commercial purposes, defined as:
• advertising, promotion, brochures, packaging
• as part of a commercial website for promotional purposes (maximum 800x600 pixels) use
• prints, posters, flyers, tearsheets for promotional purposes (not for resale)
• prints, posters, or other commercial display of Media
• magazines, books, newspapers, other printed publications
• video, broadcast, theatrical
Even with a Commercial License you must give attribution to K10 Media / Kody Valera, for an extra fee you can purchase the exclusive commerical rights to these photos wherein you do not have to attribute K10 Media / Kody Valera.
What buyers may not do:
Buyer may not resell, relicense, redistribute without express written permission from K10 Media / Kody Valera. Use as a derivative work, and reselling or redistributing such derivative work is prohibited.
PRINT LICENSE
By purchasing the selected photographs (the "Prints") you hereby agree and acknowledge that you are not acquiring any right, title or interest in or to the Print(s) or any associated copyrights, other than the right to possess, hold and use the Print(s) for non-commercial purposes. Furthermore, you agree that you will: (i) not scan, copy, duplicate or otherwise reproduce the Print(s), (ii) not use the Print for any commercial purpose, without the express written consent of the photographer K10 Media / Kody Valera and (iii) indemnify K10 Media/Kody Valera and its affiliates, officers, members, managers, employees and agents against any claims, losses or damages incurred as a result of or in connection with your breach of the foregoing restrictions. You also hereby acknowledge that the Prints are being produced and manufactured by a third party chosen by the Licensor through Pixieset (or other 3rd party printer) and that K10 Media / Kody Valera is not involved nor otherwise responsible or liable for the production, manufacture, or delivery of such Prints.
WHAT IS CONSIDERED COMMERCIAL USAGE?
ACCORDING TO 18 USCS § 31, TERM "USED FOR COMMERCIAL PURPOSES" MEANS THE CARRIAGE OF PERSONS OR PROPERTY FOR ANY FARE, FEE, RATE, CHARGE OR OTHER CONSIDERATION, OR DIRECTLY OR INDIRECTLY IN CONNECTION WITH ANY BUSINESS, OR OTHER UNDERTAKING INTENDED FOR PROFIT. BASICALLY, COMMERCIAL USE DESCRIBES ANY ACTIVITY IN WHICH YOU USE A PRODUCT OR SERVICE FOR FINANCIAL GAIN.
WHY SHOULD I WORK WITH A PHOTOGRAPHER WHO REQUIRES LICENSING?
NOT ONLY DOES LICENSING PROTECT THE COPYRIGHT OF PHOTOGRAPHERS, IT PROTECTS CLIENTS TOO. IT OUTLINES HOW YOUR PHOTOS CAN BE USED AND MY CONTRACT WITH YOU PROTECTS US BOTH. THERE RARELY WILL BE CONFUSION WHEN WE HAVE A WRITTEN DOCUMENT THAT CLARIFIES USAGE.
ISN'T THE EXTRA SOCIAL MEDIA EXPOSURE ENOUGH?
WHILE GIVING CREDIT ON SOCIAL MEDIA IS IMPORTANT AND REQUIRED PER OUR CONTRACT, SO IS FAIRLY COMPENSATING PHOTOGRAPHERS FOR THEIR WORK WHEN PHOTOS ARE BEING USED COMMERCIALLY. EXPOSURE DOES NOT PAY THE BILLS. I LOVE TO COLLABORATE, BUT I AM SELECTIVE WITH TRADES AND I LIKE TO MAKE SURE PARTNERSHIPS ARE MUTUALLY BENEFICIAL.
DO I HAVE TO CREDIT YOU ON EVERY ADVERTISEMENT?
IT DEPENDS ON YOUR LICENSE. IT COULD BE AWKWARD TO ADD THE PHOTOGRAPHER'S LOGO/WATERMARK TO YOUR BIGGER POSTERS/BANNERS/ETC. THAT IS WHY WE OFFER EXCLUSIVITY LICENSES.
WHAT IS THE DIFFERENCE BETWEEN EXCLUSIVE AND NON-EXCLUSIVE LICENSES?
BASICALLY, AN EXCLUSIVE-USE LICENSE GRANTS YOU THE CLIENT FULL OWNERSHIP OF THE PHOTOS (WITHIN REASON). IT CAN HAVE CERTAIN STIPULATIONS (LIKE I CAN USE THEM IN MY PORTFOLIO/ON MY SOCIAL MEDIA), BUT ONCE THE CLIENT PURCHASES THIS LICENSE, THEY CAN DO WHATEVER THEY WISH (AS OUTLINED BY THE CONTRACT) WITH THE PHOTOS.
A NON-EXCLUSIVE LICENSE CAN COME IN MULTIPLE FORMS (LIKE CONDITIONAL-USE), BUT ULTIMATELY THE PHOTOGRAPHER STILL OWNS THE PHOTOS. WITHIN REASON DOES NOT INCLUDE ALTERING THE PHOTO COLOR GRADING, USING AI TO EDIT OR ADD PIXELS (IMAGES) OR ANY OTHER FORM OF DESTRUCTIVE EDITING. IF YOU NEED A PHOTO EDITED IN A CERTAIN WAY THIS NEEDS TO BE DISCUSSED PRIOR TO THE SHOOT SO I CAN ENSURE THE PHOTOS ARE ON BRAND FOR YOUR IMAGE AND MARKETING CAMPAIGN.
WHAT IS A CONDITIONAL-USE LICENSE?
A CONDITIONAL-USE LICENSE DEFINES THE INTENDED USE FOR EACH PHOTO AND LIMITS THE CLIENT TO THOSE USES. IT IS GENERALLY A CHEAPER OPTION, HOWEVER, IT MAY BE LIMITED TO CERTAIN USES. THIS LICENSE IS A NON-EXCLUSIVE LICENSE, MEANING THE PHOTOGRAPHER RETAINS OWNERSHIP RIGHTS OVER THE PHOTOS.
WHAT KIND OF LICENSES DO YOU OFFER, AND WHAT DO YOU CHARGE?
*It is important to note that licensing is in ADDITION to your session cost!
LICENSING DEPENDS ON THE SIZE OF THE CLIENT, THE INTENDED USE, THE PUBLICATIONS, THE EVENTS, AND MORE. I SUGGEST CHATTING WITH US BEFORE CHOOSING AN OPTION, SO WE CAN BEST SUIT YOUR NEEDS.
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PURCHASE A CONDITIONAL-USE LICENSE FOR A SELECT NUMBER OF PHOTOS. ($$-$$$/PHOTO) - I DISCOUNT MULTIPLES.
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PURCHASE AN EXCLUSIVE-USE LICENSE FOR A SELECT NUMBER OF PHOTOS. ($$$-$$$$/PHOTO)
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PURCHASE ONE OF THE ABOVE LICENSES FOR ALL PHOTOS. ($$$-$$$$$)
Commercial Usage License Example:
The Licensee (Your Name - Company)
Licensor (K10 Media / Kody Valera)
Credit: © K10 Media / Kody Valera - www.k10-media.com
Date: (Date of Purchase)
Duration: (1 year from date of purchase)
Exclusivity: Describes whether the imagery is exclusive or non-exclusive
*Note: exclusivity increases the cost of a license because exclusivity means you are paying to NOT attribute K10 Media / Kody Valera
Region: Describes the territory in which the images can be used. (This can be local, regional, national or worldwide).
Media: Describes the types of media that the imagery can appear in. This could be print magazines, editorial, billboards, websites, social media, digital advertising, etc.
Non-exclusive rights of use
This give the image licensee the right to use the work only in the manner allowed by the license. It is imperative to note that photo usage rights are not exclusively allocated.
Exclusive rights
A licensee who owns exclusive rights to images has the exclusive right to license those images to third parties. It is then illegal even for the creator to use his or her own work for profit unless that agreement has been reached in writing. However, K10 Media / Kody Valera will always retain the right to use any image created even if it is purchased with exclusive right to use in our portfolio and to use to promote our services. Exclusive rights means that K10 Media / Kody Valera cannot sell or profit from images until exclusive rights expire.
WHAT KIND OF PERMITTED USAGE DOES MY PHOTOSHOOT COME WITH?
EACH PHOTOSHOOT IS DIFFERENT AND CATERED TO EACH CLIENT'S NEEDS BASED ON DISCUSSIONS WITH THE CLIENT. ALL PHOTOSHOOTS COME WITH A PERSONAL-USE PERMISSION WHICH IS DEFINED IN THE "PERMITTED USAGE" CLAUSE OF EACH CONTRACT. BRAND SHOOTS ARE NORMALLY (BUT NOT ALWAYS) ALLOWED COMMERCIAL USAGE WITH THE STIPULATION THAT ATTRIBUTION MUST BE GIVEN TO THE PHOTOGRAPHER IN EVERY USE. IF YOU WOULD LIKE TO USE YOUR PHOTOS IN ADVERTISEMENTS / MARKETING MATERIALS WITHOUT ATTRIBUTING K10 MEDIA / KODY, YOU MUST CONTACT US ABOUT EXCLUSIVE LICENSING.
BRANDING PHOTOSHOOT ATTRIBUITION
EVEN THOUGH YOU HAVE PURCHASED A BRANDING SESSION WITH US, USE OF MEDIA WITHOUT VISIBLE ATTRIBUTION WILL REQUIRE LICENSING FOR ONE OR ALL PHOTOS SEPARATE FROM THE SESSION CONTRACT.
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DEFINITION OF VISIBLE ATTRIBUTION: CLIENT MUST TAG THE PHOTOGRAPHER IN ALL SOCIAL MEDIA RELATED CONTENT, INCLUDING PROMOTED ADS. THE CLIENT MAY PRODUCE PRINTED MATERIALS SO LONG AS THEY PROVIDE A LEGIBLE ATTRIBUTION TO K10 MEDIA / KODY VALERA (PHOTO BY: K10 MEDIA / KODY VALERA). PHOTOS MAY BE USED FOR WEBSITES, SO LONG AS THERE IS ATTRIBUTION VISIBLE ON THE PAGE WHERE THE PHOTOS ARE BEING USED (IE. IN THE FOOTER, OR IN THE CAPTION). IF YOUR CLIENT HAS A QUESTION, THE CLIENT MAY REACH OUT TO K10 MEDIA / KODY VALERA TO CLARIFY VISIBLE ATTRIBUTION REQUIREMENTS. K10 MEDIIA / KODY VALERA RETAINS THE RIGHT TO DECIDE (AND HAVE THE FINAL SAY) IF THE CLIENT'S ATTRIBUTION IS SUFFICIENT PER THE TERMS OF YOUR CONTRACT.