Florida State University Procurement Guide for Photography and Other Artistic Services.
How to Order
Applies to the following types of purchases:
- Hiring a company or a photographer / videographer as an independent contractor to photograph an event, with the intent of owning the images, which may be used for any purpose you might want, now or in the future.
- Hiring a company or an artist as an independent contractor to create a drawing, logo, or other image, with the intent of owning the image, which may be used for any purpose you might want, now or in the future.
- Hiring a company or vocalist/voice performer as an independent contractor to create a recording, with the intent of owning the sound recording, which may be used for any purpose you might want, now or in the future.
- Hiring a company or a website designer as an independent contractor to create a website with the intent of owning the website design, regardless of hosting location, including the ability to have all coding, design, or site content sent to you upon demand, without additional cost to you.
Contacts for both Photography Services & Artistic Services:
Florida State University Contact: James Johnson (850) 645-2304; Email: firstname.lastname@example.org
Procurement Services wants to make sure you secure the rights you intend to acquire, when you hire a photographer or other artist to create images or other creative output, for use in print, or websites, other media, or any public venue. We often hear “I’ve used this person before and never had a problem,” and we understand what you’re saying, and believe that to be the case. Unfortunately, it doesn’t preclude having a problem in the future, and it doesn’t make the use of intellectual property we don’t own, or don’t own the right to use, legal. When you procure this type of service, there’s one more step that needs to be taken to protect your department and the University.
It never matters…until it matters…and then…it matters! TM
“You mean even though I pay the photographer, I don’t own what I bought nor I can’t use it?”
That’s exactly right! If an FSU employee (paid through payroll) is not the actual creator of copyrightable work, then the only way that FSU can acquire the right to use the creator’s intellectual property is by having a valid, written, signed and legally sufficient written agreement, expressly transferring some or all of the use rights to the University. (If the creator is a bona fide employee acting within the course and scope of his or her employment, FSU automatically owns all rights to the creative works.) The written agreement must be a thorough, valid, written and signed agreement covering the many issues involved in this sort of transaction.
Additional information is provided below; we hope you’ll take the time to read it.
For additional information, please click on the links below, used with the permission of Ivan Hoffman,
J.D. Taking the time to read these articles may save you both time and money.
• RIGHTS TO USE PHOTOGRAPHS:
• THE NEED FOR A WRITTEN WEB DESIGN CONTRACT:
• WEB SITE COPYRIGHTS: Liabilities for the Web Designer, Site Owner,
• THE TRANSFER OF RIGHTS IN A WEB DESIGN CONTRACT
• WEB DESIGN AND HOSTING COMBINATIONS: Cautionary Tales
Work Made for Hire Agreement (sometimes called Work for Hire)
These agreements state that the copyright to any work created for a specific project (as outlined in the contract), belongs to the commissioning party, and not to the creator of the images. Photographers who sign a Work Made for Hire Agreement supplied by the client relinquish their rights to the photographs and any future income from those photographs.
If you commission a photographer to take photographs without obtaining his or her signature on FSU’s standard “Work for
Hire” form, or an alternate form that specifies exactly what use rights you have purchased, you haven’t purchased the right to use the photographer’s images at all. You may frame them and hang them on the wall, but legally that’s all you can do.
Exclusive License — A privilege that, when granted, limits how a copyright holder (and other parties permitted) can offer a work to a third party for reproduction.
An exclusive license may be broad or specific. The rights grant may provide the licensee with exclusive rights to use a work singly or in any combination of: a specified media, industry, territory, language, time period, product and any other specific right negotiated by the licensor and licensee
License Fee — The price charged by a licensor to a licensee in exchange for a grant of rights permitting the use of one or more images in a manner prescribed in a license. A variety of factors, such as circulation, the size of reproduction and specific image qualities affect the determination of a particular license fee.
Non-exclusive License — A grant of rights issued by a licensor to a licensee that does not preclude the licensor from granting the same rights to other licensees. Unless otherwise negotiated, licenses are non-exclusive.
Unlimited Use — A broad grant of rights that permits utilization across all media types and parameters. Can be restricted in any usage type or parameter, singly or in groups; can include all uses, all media, all time.
Usage Fee — A charge made for a work to be shown in a specific media, based on terms in a license or contract agreement.
Sample of an acceptable alternative to a work for hire
- Payment Terms: Net 40
- P-Card cannot be used