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Re: Licensing



Rather than send directly to Robert, I'll once again "clog up the list,"
as Peter says (unjustly, I think; I like RAIN!):

Regarding this question:

> We here at the BGC Archives are getting increasing requests for
> licensing  or world right in regard to the use of images or
documents in
> videos, CDs and websites.  What kind of policies (and forms)
have other
> archives established for handling these kinds of requests? What
are some
> of the different kinds of requests that have been made.

Our forms are on our website:

http://www.lib.utah.edu/spc/photo

down at the bottom.  The Permission to Publish form is the one that
says it all although there is more of the same on the Photograph
Reproduction Order Form.  Bascially both say, and I say on the
phone or email, that we grant one-time, non-exclusive rights.  This
means--to me, and I ain't no lawyer!--that they can use the image in
that one publication/video/documentary, but any further use must be
re-licensed.  It also means that their right is not exclusive, i.e. others
can use the same image.  That's an important point.  Also, if you're
making up forms, be sure to include an indemnification clause, and
conversely, I never sign anything which indemnifies them against
us; it's got to be the other way around or no lo sign-o.  (PiggyLatin
for "too bad fo'you, bub!")

What they will ask you for is rights "in perpetuity."  I interpret this to
mean for the life of that particular publication/documentary.  Again,
if they change it or re-edit it, rights must be re-applied for.  Another
constant is that they pay the license/use/service fee ($50 per image
in our case), without exception, except, of course, for the following
exceptions: campus agencies, state and local government agencies,
not-for-profits with their tax number (although sometimes I extend
this to not-very-profitables, given the circumstance; if they are
making a contribution to the literature I feel it's an obligation of a
University to support that).  You'll get a lot of production companies
trying to poor-mouth you, we're doing this for PBS, or they've gotta
buy shoes for the kids, or whatever; but I always ask myself "are
they payin' taxes in Utah?"  and ask them: "so tell me, are you doing
this production for PBS for free?"  Well, no, they always reply, and
that settles it to me.  And don't forget to require that they send you
two copies of any work your image appears in; that way you usually
get one.

So welcome to the exciting world of licensing!  It's a mess, it's
hateful sometimes; my least favorite but in some ways most
necessary part of my job.  Hours spent negotiating some minor point
with a lawyer for Warm Fuzzy Productions do not seem like
productive ones, but that's what's gotta be done.  And if you think
licensing still images is tough, wait til you get into (as we are just
now doing) licensing footage.  10 seconds?  $100 for you, Mr. Time-
Warner, but free to the little old lady one-person historical society.

Stop me before I post again!  I just *love* Friday mornings on the
desk!  No patrons, no phones, catch up on my email, ahhh...






Roy Webb, C.A.
Multimedia Archivist
Special Collections
J. Willard Marriott Library
295 South 1500 East
University of Utah
Salt Lake City, Utah   84112
(801) 585-3073  //  fax (801) 585-3976
rwebb@library.utah.edu

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