image licensing.

ABOUT RIGHTS
TYPES OF RIGHTS AVAILABLE
CHECKLIST AND GUIDE FOR IMAGE LICENSING AND USAGE
IMAGE RESTRICTIONS
SENSITIVE SUBJECTS

about rights.

The term, "rights" refers the permission or license to reproduce a picture or an image. Rights are determined between the owner and LOOK, and between LOOK and customers, and may be limited (restricted) in many ways, such as by time or quantity (edition, circulation) by geographical area or by language. Certain rights may be negotiated with LOOK for each image. Check with your account representative for more detailed information regarding rights, as well as for specific rights for particular images.  Here you will find information on the types of license rights available for all of LOOK products and each of the license agreements pertaining to those products and rights.

types of rights available.

Rights-Managed (RM)
Rights-managed products are licensed on a use-by-use basis. The fee for using the product is calculated from several factors including size, placement, duration of use and geographic distribution. At the time you order a rights-managed product, you will be asked to submit information that will specify the usage rights to be granted. You can contact a sales representative to determine an exact price. Exclusive rights are available for purchase for some rights-managed products. All licenses of rights-managed products are subject to LOOK's Rights-Managed License Agreement.

Royalty-Free (RF)
Royalty-free products may be used by you multiple times for multiple projects without incurring additional fees. Royalty-free pricing is based solely on the file size of the product you need and the number of people entitled to use it (maximum 10), not the specific use. You don't have to pay any additional royalties on a use-by-use basis. However, as with all LOOK licenses, the rights granted are non-transferable and are personal to you. This means that if you license an RF product to be used in a derivative work by your client or any other person, they may not use the licensed product separately from the derivative work. Royalty-free licenses are always non-exclusive. All licenses of royalty-free products are subject to LOOK's Royalty-Free License Agreement.

Editorial Use
Editorial rights are licensed on a use-by-use basis. Use in an "editorial" manner means use relating to events that are newsworthy or of public interest. When images contained in an editorial collection (news, sport, entertainment, archival, features, publicity) are licensed for purely editorial use, LOOK's Editorial License Agreement will apply. When such images are licensed for any other use, such as any commercial, promotional, advertising or merchandising use, LOOK's Rights-Managed License Agreement and the accompanying invoice will apply. If you wish to use an image or film from our editorial collection for a non-editorial use, you must contact a sales representative to assist you.

"Comping" & Preview Use
LOOK permits certain electronic files of its products to be used free of charge (or in some cases for a minimal fee) for a limited duration, if they are used only for personal, noncommercial use and solely for test or sample purposes. These rights are governed by the Comping File and Film Preview License Agreement. Comping files may be used to take a closer look at a particular image or to create materials for proofing presentations to clients. Comping files are not licensed for use in final projects, whether for internal or external use.

The list of rights that may be negotiated with LOOK include:

LENGTH OF TIME RUNNING. The time period in a licensing agreement during which a picture may be used. This may be limited by the number of insertions during that time period.

LICENSE. Permission to reproduce, which may be limited by time, place, size, quantity or other consideration.

MULTIPLE RIGHTS. Licensing rights which cover more than one usage for the same pictures.

NON-EXCLUSIVE. The licensing of a picture which does not exclude the possibility of others using the picture in the same way, medium, territory etc. The opposite of EXCLUSIVE.

NUMBER OF INSERTIONS/NUMBER OF TIMES USED. The total number of issues of any publication in which an advertisement will appear.

ONE TIME RIGHTS. A license granted for the specified single reproduction of a picture.

RE-USE. Second or subsequent use of a picture by the same publisher in a different publication. Compare to SECOND USE.

SECOND USE. Further use in the same publication. Compare to RE-USE. Not to be confused with SECONDARY RIGHTS.

SINGLE. A License granted for the specified single reproduction of a picture. See ONE TIME.

SECONDARY RIGHTS. Reprographic rights. The right to copy by Xerography or similar means, the fee usually collected through blanket licensing by Collecting Societies. Not to be confused with SECOND USE.

SPECIAL TERMS. Any unusual conditions or uses in a licensing agreement.

TERRITORY. The area and/or language for which a use is licensed.

USE. A non-specific term denoting the reproduction of a picture. It should be qualified by the specific terms of the license (e.g.. medium, territory, etc.).

WORLD RIGHTS. A license to reproduce a picture in a specified medium throughout the world. In publishing usage languages would also be specified.

BUY-OUT. The license to reproduce a picture usually in advertising which may be without limitation in some aspect, e.g. number of insertion screenings, but still capable of limitation in others e.g. by territory, time, medium etc.

COMPENDIUM. The license to rebind existing volumes to make a single further volume.

ELECTRONIC RIGHTS. Licensing of a picture for use in any electronic medium including but not limited to CD-ROMs, web sites, etc.

EXCLUSIVE RIGHTS. Reserved licensing of a picture which excludes others from obtaining similar rights for use of that picture. This may be limited by industry or product or client type and time period. Compare to BUYOUT.

FIRST RIGHTS. The right to be the first to publish a picture in a territory or a medium.

INTERNATIONAL RIGHTS. Cross-border rights granted at a fee determined by the home agent, which may be global or limited by language and territory.

LANGUAGE RIGHTS. Defines permitted languages.

checklist and guide for image licensing and usage.

There are a variety of important legal issues that need to be reviewed prior to licensing or using images. This checklist and guide highlights common issues that may arise when you license and use digital images. The issues presented in this document are not exhaustive and do not include standard contract and licensing issues. Additional information regarding: licensing, usage, sensitive subjects, copyright, rights, and other important legal issues are contained in the Legal Information and Policies section of the Help system. You are urged to review the other legal documentation in the Help section and to discuss licensing and usage issues with your LOOK account executive (AE) prior to licensing or using images.

IMPORTANT!
The information in this checklist and guide is intended to highlight general issues and is not offered as legal advice or a solution to individual problems. You should not attempt to solve specific problems by relying on the information contained in this guide and you are always advised to seek competent legal counsel before relying on this or any information. It is your responsibility to ensure that you comply with all laws regarding your use of an image.

Prior to licensing or using images, the following issues should be carefully reviewed. These issues listed here are not exhaustive and do not include standard contract and licensing issues. You are urged to discuss licensing and usage issues with your LOOK account executive prior to licensing or using images.

ISSUE 1: Pictures that Contain People, Places, and Things
Images often depict a variety of subject matter: people, buildings, art, animals, etc. When you license an image from LOOK, you acquire from LOOK only the limited right to reproduce that image. However, to use the image you still may need: 1) the permission of the people depicted in an image and/or 2) the permission of the owners of places and things who may have rights in such material. You need to obtain additional permissions depends upon the nature and circumstance of your intended use, the material that you may add to an image, the way that you might manipulate and image, and the laws that may apply to your use. Generally, LOOK does not license these additional rights to you when you acquire a license to use a LOOK image . It is your responsibility to license these rights from the proper right owners, or obtain legal guidance on whether your intended use requires that you obtain these rights. This guide illustrates some of the rights and issues.

ISSUE 2: Copyright
Among the most important questions to ask regarding the licensing and use of any image is: Does the image depict works protected by copyright? If an image contains fine art (including paintings, sculptures, photographs, etc.) additional licenses may be required from the artist or his/her estate or agency. You will need to determine whether the art depicted is protected under copyright laws, and whether your use requires that you obtain permission of the artist. Agencies such as the Visual Artist (VAGA) represent many artists and may assist you in acquiring such rights. In addition to the copyright, artist may also have a right of integrity over how images of their art are reproduced, modified, and whether proper attribution is required to be given to the artist. This right of integrity or “moral right” gives the artist certain control over the integrity of his/her work and the right to receive (or not receive) attribution or credit as the artist responsible for the work.

ISSUE 3: Trademarks
Another important question to ask regarding the licensing and use of any image is: Does the image depict trademarks, trade dress, or trade names? A picture containing a trademark, trade dress, or trade name may require you to obtain the permission of the trademark owner if your use could confuse the public as to the source, origin, or approval. For example, if you use in your advertisement a picture of an airplane that contains that airline’s logo and colors on the tail, you may need the permission of the airline. Not every use of a photograph depicting trademarks (such as signage or logos) will infringe the rights of the trademark owner, but the risk increases when such you use images for advertising or promotion.

ISSUE 4: Rights of Publicity
Yet another question to ask regarding the licensing and use of any image is: Does the image depict a person? In many states and countries, people have a “right of publicity” that allows them to control how their name, likeness, voice, and signatures are used. The laws can vary widely, with many laws requiring you to obtain permission of the person before using their picture in certain ways, whether these people are famous or not, or whether they are still living or not. You must make sure that your intended use complies with the law of every territory where you intend to use the image. Use of a person’s name, image, or likeness in advertising and promotion nearly always requires their permission. You must contact the person or the people or group representing the personality to clear rights of the personalities. For living personalities, this contact can be a manager, agent, publicist, company, or the person themselves. For famous and deceased personalities, the contact can be an agency (like Curtis Management Group or Global Icons), their estate, lawyer, family foundation, Bank Trust Division, etc. Often, people who appear in images produced for use in commercial advertising sign a “model release” that allows you to use the image in certain ways without obtaining their further permission. LOOK licenses images that are “model released” and can assist you in locating images that are suitable for your use.

ISSUE 5: Rights of Privacy
Also ask this question prior to licensing or using an image: Does the image depict a person? The right of privacy protects against unreasonable intrusions into a person’s private affairs. In certain countries, the right of privacy prohibits the use of certain images (for example a picture depicting a crime victim or an accused party). In many states and countries, the person depicted in the photograph must still be living to claim the right. Images licensed for commercial use or for sensitive subject editorial and commercial use may also require model, property, or estate releases (that is, permission from photographed subjects or owners of the objects to reprint their image). When obtaining a model release, you should consider where and how the image will be used, as well as what other material will be used with or added to the image such as captions or text.

ISSUE 6: Property Rights
Another question to ask regarding the licensing and usage of any image is: Does the image depict property belonging to others? Better viewed as an “access right”, this right may protect the owner of the property depicted in an image from unauthorized use of the material. A good example is a museum that owns several rare artifacts and restricts access and photography of the artifacts, and may have a right to restrict access and use of their property, or the owner of an animal that may limit access to the animal in return for a fee. Property rights are often claimed by property owners but may not be legally enforceable.

ISSUE 7: Prior Approvals Required by Licensor
Images that require pre-approval for usage may restrict the licensee from certain uses of the photograph. For example, a photographer or a model may require that the image not be used in certain industries (tobacco or alcohol), or he may request prior approval before an image is licensed or manipulated. Additionally, images may be restricted from use in certain territories or for certain periods of time due to prior licenses. You should read the restrictions associated with an image to determine if any prior approvals are needed.

ISSUE 8: Sensitive Subjects

If you intend to use the image for sensitive subject usage, you must contact a LOOK account executive (AE) and notify the AE about all the details of the usage, request sensitive subject permission, and finalize the license terms. DO NOT SIMPLY RELY ON A STANDARD MODEL RELEASE. Using an image of a person for a sensitive subject nearly always requires additional clearances or permissions. Two important things to note with respect to sensitive subject usage: 1) sensitive subject usage pertains to both editorial and commercial usages and 2) an image may be model released, but still not available for a sensitive subject usage. A list of topics regarding sensitive subjects is included in the Help section topic: About Sensitive Subjects.

image restrictions.

Many images in the LOOK collections carry restrictions on their use. Image restrictions are varied; they can range from "must have source approval before licensing" to "no print use allowed." For each image that carries one or more restrictions, all applicable restrictions are listed on the image detail screen. You should review the restrictions associated with specific images you want to use prior to purchasing image licenses.

The full list of image restrictions is too large to include here. To obtain more information please contact your LOOK account executive.

sensitive subjects.

Images have several layers of legal issues that clients must be aware of prior to their use. There are two primary layers of legal rights to consider: rights to the images and rights regarding the subject matter of the images. One issue of particular importance is that of the use of images for sensitive subjects. If a client intends to license the image for sensitive subject usage (related to one of the topics included in the list below), it is the client’s responsibility to contact a LOOK account executive (AE) and to notify the AE about all the details of the usage, to request sensitive subject permission, and to finalize the sale accordingly. Note: Sensitive subject usage pertains to both editorial and commercial usages.

Two Primary Layers of Legal Issues
The two primary layers of legal issues that clients must be aware of prior to their use are:

• Rights to the Image. These rights are generally owned by LOOK or its image sources. When clients license the rights in a photograph, LOOK grants permission to reproduce and/or distribute an image in the manner described in the license/invoice.
• Rights in the subject matter of the Image. Images may depict a variety of subjects: people, buildings, art, animals, etc. Each of these subjects may require clients to obtain additional permissions from third parties depending upon the nature and circumstance of the intended use. Some of these rights may include: trademarks, personality rights, property rights, fine art rights, etc. Generally, LOOK does not represent or license third party rights. It is the client’s responsibility to obtain third party rights or obtain legal guidance on whether their intended use requires these rights.

Additional Legal Considerations

• Model Releases. Images that depict people may require a model release. When obtaining a model release, clients should consider how the image will be used, as well as what other material will be used with the image. Specifically, clients should consider whether the intended use will involve a sensitive subject.
• Model Release and Sensitive Subjects. An image may be model released, but still not available for a sensitive subject usage. For example, a model may consent to being used in an ad to sell cars, but may not grant permission to be used in a drunk driving promotion.
• Image Activities and Sensitive Subjects. Clients should not assume that an image of a model engaging in one activity (e.g., a 40-year-old women shown smoking) can also be used for a sensitive subject other than the one in which they are portrayed (e.g., it may not be acceptable to say or imply that she is a drug user, simply because she smokes).

Sensitive Subjects Legal Considerations
There are three other important legal considerations that must be emphasized:

• If a client intends to license the image for a sensitive subject usage related to one of the topics included in the list below, it is the client’s responsibility to contact a LOOK account executive (AE), to notify them of all the details of the usage, request sensitive subject permission, and to finalize the sale accordingly. Note: Sensitive subject usage pertains to both editorial and commercial usages.
• If the image requested for sensitive subject usage contains a person, there must be a model release on file in order for us to clear sensitive subject usage. LOOK cannot clear sensitive subject for images that are not model released. Additionally, model released photos require further clearances from the photographer and/or model to avoid potential defamation (i.e., disparagement of the good name and reputation of an individual). Note: Allow a minimum of 48 hours to clear any needed sensitive subject usage. Not all sensitive subject usages will be approved, and, in some cases, a model may ask for an additional fee for sensitive subject usage, which will be passed along to the client.
• Finally, good judgment and common sense demands that clients consider that what is humorous to one group of people are ridicule to another. What might subject a person to ridicule in Middle America may well be accepted in a larger city. This area of rights is subjective, and each company must determine for itself both the need for additional clearance and the level of risk they are comfortable with. It is not the intention of this document or of LOOK to provide legal advise; LOOK simply seeks to raise client awareness of issues that are important to our clients, photographers and models.

List of Sensitive Subjects
The sensitive subject list follows. Note: This list is intended to give the user a range of the topics that fall under the sensitive subject heading; this list is by no means a final or complete list:

• Abortion and/or Pro-Life or Pro-Choice
• Adoption
• Aids/HIV (and other sexually transmitted diseases)
• Alcohol
• Birth Defects
• Breasts and breast enhancements
• Cancer
• Child abuse
• Contraception
• Depression
• Drugs and substance abuse
• Eating disorders
• Fertility issues
• Genitalia Issues
• Guns and weapons
• Homelessness
• Homosexuality and alternate lifestyle issues
• Incontinence
• Menopause
• Nationalistic and/or religious fanaticism and hate groups
• Poverty
• Psychiatric issues
• Sexual issues
• Sexual harassment
• Substance abuse
• Suicide
• Teenage issues (including: sexual and drug-related issues)
• Tobacco
• Gambling
• Negative Financial Portrayal