Thursday, February 8, 2007

Primer & Refresher: Terms & Conditions: Page Title

First things first: the page title. Here it is:
"ALL SERVICES AND LICENSES OF LICENSOR ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS".

Why waste a post on this? Well, because we are dissecting the T&C, that that means everything. What if the title said "Proposed Terms & Conditions", or "Terms & Conditions for Photographic Services"? What if it said "Terms & Conditions"? Of what?

"ALL SERVICES" refers not just to the photography, but the pre-production and post production, and everything inbetween, hence "ALL".

"LICENSES" is what you are granting to the client. You're not selling anything, not giving anything. A license is a term which is the legal granting of permission to do, possess, or use something, for a limited period of time, as defined within the language outlining the scope of the license.

"LICENSOR" - that would be you. You are the person creating the intellectual property and then granting a license to the party(ies) requesting it. The party commissioning you would be the "licensee". If you just owned physical property (like an apartment), you would be the "Lessor" and the occupant would be the "Lessee".

"TERMS AND CONDITIONS" - simply put, the definition of words used in the agreement, and an outlining of the conditions (i.e. you pay me for work, I agree to the work, you agree to give me photo credit, you agree to pay me within X days my fee and all expenses, and so on) that define this relationship.


Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

4 comments:

Cameron Davidson said...

I almost skipped reading this. The artwork is similar to the first installment.

Bill said...

John,

thanks for all the great info. I'm about half-way through "best business practices," and I've picked up an enormous amount of info.

Keep up the great work!!

Thanks
Bill

Peter & Linda said...

Agree, glad I picked up that book when I first heard about it!

Peter.

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