Copyright

Federal Copyright Laws

To review the Federal Copyright Laws please visit
Copyright Law Title 17.

Rights Transferred

Photographer Kevin McManus transfers to the Client the following rights of usage.

Nonexclusive – unlimited – This term is used to allow the client to use the photographic images for commercial use in any media defined by the copyright release for an unlimited time. It is for the contracted client only. This will not allow the client to redistribute the images to unlicensed users for commercial or personal use without compensation to the photographer. The Photographer – Kevin McManus retains the full copyright and may resell images to other interested clients.

Exclusive – unlimited – This term is used when the client wants full copyright of the images. Not available to clients .

Types of use

Real Estate Photography

Rights Transferred are Nonexclusive – unlimited for the selling agent and their Real Estate Company for the purpose of selling the home. Images may be used in Real Estate publications, agent websites and MLS. This will not allow the client to redistribute the images to unlicensed users for commercial or personal use without compensation to the photographer. Other interested commercial venders involved with the property like the architect, builder, painter or other applied trades will need a copyright release for that company to commercially use the images that are available.

Commercial

Rights Transferred can vary but most are Nonexclusive – unlimited for the purpose of selling the client’s product or service. This is only for the contracted client and will not allow the client to redistribute the images to unlicensed users for commercial or personal use without compensation to the Photographer – Kevin McManus. The Photographer – Kevin McManus retains the full copyright and may resell images to other interested clients.

Terms

All invoices are payable when services are complete and the job is delivered. The grant of any license or right of copyright is conditioned on receipt of full payment to the Photographer – Kevin McManus.

Expenses

Client shall reimburse Photographer – Kevin McManus for all expenses arising from this assignment, including the payment of any sales tax due on this assignment. Only clients that have paid for photographic services and qualify for the Digital Products Certificate will be exempt from sales tax.

WAC 458-20-15503
Digital products – Digital Goods
(c) The internet and internet access as defined in RCW 82.04.297.
(d) Professional or personal services represented in electronic form are not a digital good. This exclusion applies where the service primarily involves the application of human effort by the service provider, and the human effort originated after the customer requested the service. For example, an electronic engineering report created at the customer’s request that reflects an engineer’s professional analysis, calculations, and judgment, which is sent to the customer electronically, is considered evidence of a professional service and not a digital good.

Photography. This exclusion for professional or personal services does not apply to photographers in respect to amounts received for the taking of digital photographs that are transferred electronically to the end user – customer as defined in RCW 82.04.190(11). See Example 39 for an example of a nonend user transaction involving photography that is subject to royalties B&O tax.

What is a digital product?

  • It is transferred electronically. (See section 201(8) of ESHB 2075 or section 203(8) of SHB 2620)
  • Digital goods (movies and music, etc.)
  • Digital automated services (services that have been automated)

The bill also covers remote access software, which is now subject to sales and use tax. (See section 201(7) of ESHB 2075 or section 203(7) of SHB 2620)

What is a digital good?

  • Data
  • Facts
  • Information
  • Sounds (music)
  • Images (movies, pictures)

When these are transferred electronically, they are digital goods. (See section 201(8) of ESHB 2075 or section 203(6) & (8) of SHB 2620).

Digital goods do not include:

  • The representation of a personal or professional service primarily involving the application of human effort
  • Internet access
  • Computer software
  • DAS

For the definition and a complete list of exclusions, see section 203(6)(b) of SHB 2620.

Estimates

If an estimate or assignment confirmation is presented, the fees and expenses shown are minimum estimates only. Final fees and expenses shall be shown when invoice is rendered. Client’s approval shall be obtained for any increases in fees or expenses that exceed the original estimate by 10% or more. In the event of cancellation of this assignment, ownership of all copyrights and the original artwork is retained by the Photographer – Kevin McManus and a cancellation fee for work completed, based on the contract price and expenses already incurred, shall be paid by the Client.

Changes

Client shall be responsible for making additional payments for changes requested by the Client in the original assignment. However, no additional payments shall be made for changes required to conform to the original assignment description. The Client shall offer the Photographer – Kevin McManus the first opportunity to make any changes. Modifications of the agreement must be written, except that the invoice may include, and Client shall be obligated to pay, fees or expenses that were orally authorized in order to progress the work promptly.

Ownership of Artwork

The Photographer – Kevin McManus retains ownership of all original artwork, whether preliminary or final, and the Client shall return such artwork within fourteen days of use.

Releases

Client will indemnify Photographer – Kevin McManus against all claims and expenses, including reasonable attorneys fees, due to uses for which no release was requested in writing or for uses which exceed authority granted by a release.

Credit Lines

The Photographer Kevin McManus shall receive a credit line – © McManusPhoto.com link from any website displaying images from McManus Photo and for all usage.

Arbitration

Please review Copyright Infringement and Remedies.

Any disputes in excess of $1000 arising out of this agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The arbitrator’s award shall be final and judgment may be entered upon it in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest on any award or judgment in favor of the Photographer – Kevin McManus.

Acceptance of terms

Acceptance of the above terms incorporate Article 2 of the Uniform Commercial Code. If not objected to within ten days, these terms shall be deemed accepted.