When negotiating fees it is important to understand which rights are being discussed and to distinguish between a license and an assignment. Transfers rights can include:

License – Artist retains copyright but permits client specified rights and uses to the images. License terms typically identify the permitted use, media, duration, and territory. Artist retains all rights not specifically licensed.

Copyright Assignment – Legal ownership of all rights to the images transfers to client. Client is unrestricted in its use of the images across all media for all time. Included are the rights to reproduce, use, display, broadcast, print, edit, transfer, and sublicense the images, as well as to create derivative works. Artist relinquishes all rights, including self-promotion and the right to create works that are “substantially similar” to the works being transferred. Also commonly referred to as “Work for Hire,” although that term more accurately refers to motion images and audio-visual works. Anything less than an assignment of all rights is referred to as a “License.”

Buyout – AMA recommends clarifying meaning with clients. Can be interpreted as copyright assignment or perpetual license.

Work for Hire – Similar to Copyright Assignment, Client owns all rights and title to the images.

Work may be licensed for any length of time. In addition to identifying specific dates of use, some common duration terms are:

In perpetuity – Client is granted use for all time, copyright stays with photographer

Perpetual License – Client is granted use for all time, copyright stays with photographer. Also called In Perpetuity

Unlimited time – Client is granted use for all time, copyright stays with photographer. Also called In Perpetuity

One season – Season length depends on the category of client. Fashion, consumer, etc.

Single use – One insertion / post / use / event, etc.

Advertising is a broad category. Outlined below are types of media that relate to clients in fashion (seasonal and non-seasonal), beauty (prestige and mass), luxury, consumer and direct-to-consumer markets.

Definitions

3rd Party Grant of Rights – Advertisers’ ability to sublicense or share images with a 3rd party brand (digital or printed media)

Advertorial – Commissioned by an editorial outlet, funded and branded for an advertising client (digital or printed media)

Above the line (ATL) – Traditionally considered any paid consumer-facing usage in any form. See AMA Chart of Usages for additional considerations

Banners – Advertisements on websites

Billboard – Outdoor advertising (digital or printed media) Branded content – Commissioned by an editorial outlet, funded and branded for an advertising client (digital or printed media)

Brochures – Below the line advertising typically in situation or direct mail

Below the line (BTL) – Traditionally considered unpaid usage including brochures, collateral, CRM, Brand’s owned website, e-commerce, lookbooks, emails and social media accounts, direct mail, internal use, and trade show use. See AMA Chart of Usages for additional considerations

Bus Shelters – Outdoor advertising (digital or printed media)

Catalog – Printed use in a branded publication

Clienteling – 1:1 selling from sales professional to client

Connected TV (CTV) – The delivery device for commercial use, often non-skippable ads during content breaks, on streaming services such as Roku, Amazon Fire TV, Apple TV, Hulu, Peacock, YouTube, gaming consoles, computers, smartphones and tablets etc. delivered directly to viewers rather than through cable or satellite TV. (See Linear TV and OTT)

Co-op Advertising – Co-branded partnerships or use by retail partners (digital or printed media)

Collateral – Below the line point of sale marketing materials like sample cards, flyers, postcards

Coupons – Vouchers for discounts on products or services, below the line (digital or printed media)

Customer Relationship Management (CRM) – Customer relationship management. Email and direct mail marketing to existing customer base (digital or printed media)

Creative Visual Merchandising (CVM) – Point-of sale (POS), Point-of-purchase (POP), displays, back walls, top of counter, windows, caseline, etc.

Date of First Insertion – Date that triggers the start of a usage period

Digital Archival Rights – Allows brands to keep historical posts across social media channels, does not include new postings

Digital Above the Line (D-ATL) – Paid placements and Third-Party use on websites, e-commerce, lookbooks, emails, and social media accounts. Does not typically include Video on Demand, Connected TV, OTT

Digital Below the Line (D-BTL) – Brand's owned website, e-commerce, lookbooks, emails and social media accounts

Digital Media – Any device or medium that uses digital signals to convey content: mobile (including mobile applications); interactive online tools; electronic billboards and displays. Paid and unpaid placements on website, e-commerce, lookbooks, emails and social media accounts. May need further clarification from client

Digital Out of Home (D-OOH) - Outdoor advertising on digital displays

Digital Use Organic – Brand's owned website, e-commerce, lookbooks, emails and social media accounts

Digital Use Paid – Paid placements on website, e-commerce, lookbooks, emails and social media accounts

Digital Use Unpaid – Brand's owned website, e-commerce, lookbooks, emails and social media accounts

Direct Mail – Below the line printed marketing materials

Display Insert – In store imagery at point of purchase, usually as a secondary visual

EDM – Electronic Direct Mail

Editorial – Use in the brand's publication (digital or printed media)

Electronic Media – Any electronic or telecommunications media, including but not limited to the internet, interactive systems and mobile devices

Email – Imagery used within email campaigns

Emerging Media – A catchall to cover forms of media not yet developed

Franchise Use - Evergreen or institutional use, not specific to a holiday, event, or launch.

FOS – Front of store

Hero Visual - The primary or only visual in an advertisement (See Key Visual, Main Visual)

In Store – In store imagery at point of purchase

ISM - In-store-Marketing

In-App Advertising – Imagery used within apps

Industrial – Industrial advertising refers to advertising that targets businesses who seek products or services related to the manufacturing industry. It also refers to B2B advertising in general — which means a business promotes products or services to another business.

Insert – The supporting visual in an advertisement, usually smaller and often inset on to the Main Visual (also called Secondary Visual)

Internal – Non consumer-facing use, brands' internal communications/intranet (digital or printed media)

Invitations – Single time use for events (digital or printed media)

Key Visual - The primary or only visual in an advertisement (See Hero Visual, Main Visual)

Lightbox – In store and/or travel retail point of purchase displays

Linear TV – TV that is programmed and watched as scheduled through a satellite or cable network. It is not streamed to a specific user on-demand. Linear TV ads are also programmed and delivered on a schedule. (See CTV and OTT)

Literature – Print advertising

Living One Sheet – Digital Out of Home billboard

Main Visual – The primary or only visual in an advertisement (See Key Visual, Hero Image)

Marketing Collateral – Below the line point of sale marketing materials such as sample cards, flyers, postcards

New Media – A catchall to cover forms of media not yet developed

Over the top (OTT) – Commercial use, often non-skippable ads during content breaks, on streaming services such as Roku, Amazon Fire TV, Apple TV, Hulu, Peacock, YouTube, gaming consoles, computers, smartphones and tablets etc. delivered directly to viewers rather than through connected tv. (See CTV and Linear TV)

Out of Home (OOH) – Outdoor advertising (digital or printed media)

Packaging – Imagery used on printed packaging materials (on primary or secondary components)

Patient Brochures – Below the line advertising typically in situation or direct mail

Point of purchase (POP) – In store imagery at point of purchase

Point of sale (POS) – In store imagery at point of purchase

Postcards – Below the line printed marketing materials

Posters – Out of home, another form of outdoor advertising, including wheat pasting and wild posters

PR – Imagery included with press release for product and/or service, should be clarified on case-by-case basis with client (digital or printed media)

Print – Various forms of consumer facing printed media

Programmatic Programming - Automated, data-driven digital ad buying and placement

QR Code Initiatives – Imagery used within QR prompted advertising

Riser Cards – In store imagery at point of purchase

Run of Paper (ROP) - To be placed anywhere in a newspaper at the option of the editor

Secondary Visual – The supporting visual in an advertisement, usually smaller and often inset in the Main Visual (also called Insert)

Smart Ad – Algorithm based advertising where the cost to advertise is based on ad performance

Social Media – Websites and digital apps that create and share content for social networking

Targeting & Retargeting Ads – Advertising based on users personal data, algorithm based

Trade Advertising – Also known as B2B advertising, advertising within industry could include trade show advertising, publications (digital or printed media)

Trade Show – Below the line advertising typically at trade shows and industry events

Travel Retail – Imagery used in/at travel hubs

Wheat Pasting – Out of home outdoor advertising (also called Wild Posting)

Wild Postings – Out of home outdoor advertising (also called Wheat Pasting)

Window Display – Imagery showcased on-site at brand or third-party real estate

Editorial use applies to work (still or motion) commissioned by a media publication or syndicated by an editorial publication or platform not promoting any particular brand or service. Editorials typically come with specified day rates or all in budgets in exchange for a limited use within the publication and on their owned and operated sites. Editorial contracts vary widely, some apply to specific commissions, others apply to all work for the publisher for any of their titles or sites. Some considerations around Editorial use:

– Size and reach of publication (daily, weekly, monthly or annual circulation / unique impressions)

– Size or social media following

– Free or Subscription based

– Embargo period

– Artist credit

– Licensing and third party rights

Definitions

Advertorial * – Commissioned by an editorial outlet, funded and branded for an advertising client

Archival – Historical use of the work, typically in its originally published context

Branded content * – Commissioned by an editorial outlet, funded and branded for an advertising client

Consumer Magazine – Publication available for consumers

Digital Use Organic – Publication's owned website and social media accounts

Digital Use Unpaid – Publication's owned website and social media accounts

Editorial – Use in the commissioning publication

Embargo Period – Time during which the assigning or commissioning publication has the exclusive right to use the work

Exclusive License Period – Time during which the assigning or commissioning publication has the exclusive right to use the work

Initial Publishing Rights – First magazine and periodical right to publish the commissioned work

Internal – Non consumer facing use

International Edition * – Foreign edition of the assigning or commissioning publication

Outtakes * – Unselected work resulting from the commissioned project

Trade Magazine – Publication promoted within a specific industry or trade * Additional fees may apply

Work commissioned by a film or television studio, network, streaming service, or theatrical group for the purposes of advertising, promotion, and PR. Many commissions in the entertainment industry involve a full copyright transfer, though photographers may retain self-promotion rights.

Definitions

All Media – Any and all types of media

Key Art – The singular, iconographic image(s) upon which a movie's marketing campaign is built (i.e., the movie poster or other main visual used across a variety of media to advertise a film or television show, or theatrical release).

Living One Sheet – A collection of short animated key visuals that are usually shown in cinemas, online or OOH (such as a billboard), usually made of 5-10 seconds of video material.

PR/Publicity/Gallery Shoot – Still photographs of talent in a film or TV production used for publicity, primarily in editorial type outlets, as well as in other related promotion. Can be with talent in or out of character. Usage may exclude paid advertising.

Work commissioned by a record label, management company, or musical artist or group, for the purposes of album promotion and PR. Usage may be an exclusive license in perpetuity, worldwide; or a full copyright transfer. Photographers may retain self-promotion rights and the right to negotiate merchandise-for-sale use separately.

Some considerations around Music use:

– Reach of musical artist or group and their following, whether they are signed or unsigned to a record label

– Artist credit on Packaging/Artwork and social media postings

Definitions

All Rights – All media and uses in Perpetuity. This is not necessarily a copyright transfer unless it’s called out as such.

Merchandise-for-Sale – Image use on talent merchandise (shirts, bags, hats, posters, etc.) offered for sale online, in stores, at concerts, etc. Merchandise-for-sale is often carved out as a separate usage.

Packaging – Still photographs or artwork used on digital or physical product packaging (cover or interior booklet artwork). Includes the right to use these materials for marketing and promotion.

PR/Publicity – Still photographs of talent used for publicity, primarily in editorial type outlets. Includes the right to use these materials for marketing and promotion.

List of Internet Providers below - Examples included but not limited to:

All Internet Providers:

Streaming Networks - Netflix, Disney Plus, Hulu, ESPN, Prime Video, HBO Max, CBS, Samsung, Pluto, TUBI Sling, Peacock, Vudu, Crackle and Kanopy, MLB, NFL, Food Network, Starz, YouTube

International Networks - Zees, Voot, iTunes, Mynk, ditto, Liu, Amazon Prime, Netflix, OCS, Hotstar, Wowza..Muvi

Devices include - All Smart TV, All Mobiles Phones, All Gaming Consoles, All streaming devices, All Computer (Desktop & Laptop), All portable internet capable devices including but not limited to iPads, etc

Work can be licensed for use in any territory, common descriptions are:

Africa – Comoros – Congo – Congo (Democratic Republic Of) – Cote D’ivoire – Djibouti – Egypt – Equatorial Guinea – Ethiopia – Gabon – Gambia – Ghana – Guinea – Guinea-bissau – Kenya – Lesotho – Liberia – Libya – Madagascar – Malawi – Mali – Mauritania – Mauritius – Mayotte – Morocco – Mozambique – Namibia – Niger – Nigeria – Oman – Rwanda – Sao Tome & Principe – Senegal – Seychelles – Sierra Leone – Somalia – South Africa – Sudan – Swaziland – Tanzania – Togo – Tunisia – Uganda – Western Sahara – Zambia – Zimbabwe

APAC (Asia Pacific) – Australia – China – Hong Kong – India – Indonesia – Japan – Korea – Malaysia – Mauritius – New Zealand – Philippines – Singapore – Sri Lanka – Thailand – Vietnam

Asia – Afghanistan – Bangladesh – Bhutan – Brunei – Cambodia – China (Including Hong Kong & Macau) – India – Indonesia – Indochina – Iran – Japan – Kazakhstan – Korea (North) – Korea (South) – Kyrgyzstan – Laos – Malaysia – Maldives – Mongolia – Myanmar (Burma) – Nepal – Pakistan – Philippines – Singapore – Sri Lanka– Taiwan – Tajikistan – Thailand – Turkmenistan – Uzbekistan – Vietnam (May Or May Not Also Include The Countries Of Southwest And North Asia – See Below)

Australasia/Oceania – Australia – Tasmania – New Zealand – Fiji – Samoa – Tonga – Papua New–guinea – Christmas Island – Cocos-keeling Islands – Cook Islands – French Polynesia – Kiribati – Pitcairn Islands – Solomon Islands – Nauru – New Caledonia – Nive-midway Islands – Northern Mariana Islands – Tahiti – Palau – Tokelau – Tuvalu – Vanuatu – Wallis & Futuna Islands – Guam Marshall Islands – Micronesia

Cee (Central & Eastern Europe) – Bulgaria – Croatia – Czech Republic/Slovakia – Hungary – Latvia – Macedonia – Poland – Romania = Serbia/Bosnia – Slovenia – Ukraine

Ceemea – Central And Eastern Europe, Middle East And Africa

Central America – Belize – Costa Rica – El Salvador – Guatemala – Honduras – Nicuragua – Panama

Continental South America – Argentina – Bolivia – Brazil – Chile – Colombia – Ecuador – French Guiana – Guyana – Paraguay – Peru – Suriname – Uruguay – Venezuela South America Argentina – Bolivia – Brazil – Chile – Colombia – Ecuador – Faulkland Islands – French Guiana – Guyana – Paraguay – Peru – South Georgia And South Sandwich Islands – Suriname – Uruguay – Venezuela

East Asia (Aka Far East) – China – Hong Kong (China) – Japan – Macau (China) – Mongolia – North Korea – South Korea – Taiwan

Eastern Europe – Belarus – Moldova – Russia – Ukraine – Bulgaria – Czech Republic – Hungary – Poland – Romania – Slovakia

EMEA – Europe, Middle East and Africa

Emea (Europe, Middle East & Africa) – Countries Of Europe – Middle East – Africa – (See Countries Above)

Eu – Austria – Belgium – Bulgaria – Cyprus – Czech Republic – Denmark – Estonia – Finland – France – Germany – Greece – Hungary – Republic Of Ireland – Italy – Latvia – Lithuania – Luxembourg – Malta – Netherlands – Poland – Portugal – Romania – Slovakia – Slovenia – Spain – Sweden – Uk

Latin America – (Commonly Countries Of Americas Where Spanish/Portuguese Predominate-strictly Ibero-/ Hispano-america) Mexico – Most Of Central And South America – Cuba – Puerto Rico – That Part Of The Dominican Republic Located In The Caribbean

Mea (Middle East & Africa) – Countries Of Middle East – Africa (See Countries Above)

Middle East – Bahrain – British Indian Ocean Territory – Egypt – Eritrea – Gaza – Iran – Iraq – Israel – Jordan – Kuwait – Lebanon – Palestinian Territory – Qatar – Reunion – Saudi Arabia – Syria – United Arab Emirates – Yemen

North Africa – No Universally Accepted Definition, But Could Include Algeria – Egypt – Libya – Mali – Morocco – Sudan –Tunisia

North America – (North America Is Often Divided Into Sub-regions But No Universally Accepted Divisions Exist) Canada – Usa – Mexico

Northern America – Canada – Usa – Greenland – Bermuda – St Pierre – Miquelon

Northern Europe – Aland (Finland) – Guernsey – Iceland – Isle Of Man – Jersey – Norway – Svalbard + Jan Mayen Islands (Norway) – Denmark – Estonia – Faroe Islands (Denmark) – Finland – Ireland – Island of Ireland – Republic of Ireland – Latvia – Lithuania – Sweden – United Kingdom

Pan-European (Across Europe) – Countries Of Eastern, Northern, Southern and Western Europe – (See Countries Above)

Southern Africa – Angola – Botswana – Lesotho – Malawi – Mozambique – Namibia – South Africa – Swaziland – Zambia – Zimbabwe

South America – Argentina – Bolivia – Brazil – Chile – Colombia – Ecuador – Falkland Islands (Uk) – French Guiana (France) – Guyana – Paraguay – South Georgia + South Sandwhich Islands (Uk) – Suriname – Uruguay – Venezuela

Southern Europe – Albania – Andorra – Bosnia + Herzegovina – Croatia – Gibraltar (Uk) – Macedonia – Montenegro – San Marino – Serbia – Vatican City – Cyprus – Greece – Italy – Malta – Portugal – Slovenia – Spain

Southeast Asia – Brunei – Burma (Myanmar) – Cambodia – Timor-Leste – Indonesia – Laos – Malaysia – Philippines – Singapore – Thailand – Vietnam

Southwest Asia – Armenia – Azerbaijan – Bahrain – Cyprus – Gaza – Georgia – Iraq – Israel – Jordan – Kuwait – Lebanon – Oman – Qatar – Saudi Arabia – Syria – Turkey – United Arab Emirates – West Bank – Yemen

The Baltic States – Estonia – Latvia – Lithuania

Uae (United Arab Emirates) – Abu Dhabi – Dubai – Sharjah – Ras Al Khaimah – Fujairah – Umm Al Quwain – Ajman

US – United States

US Region – Parts of the United States

West Asia – Dubai – Egypt – Iraq – Israel – Jordan – Lebanon – Morocco – Sudan – Syria – Tunisia

Western Europe – Austria – Belgium – France – Germany – Liechtenstein – Luxembourg – Monaco – Netherlands – Switzerland

WW – World wide