UNLIMITED RIGHTS

CEG RESERVES ALL RIGHTS IN REGARDS TO ANY CONTENT, MEDIA ITEM OR INTELLECTUAL PROPERTY DIRECTLY OR INDIRECTLY PRODUCED BY CEG OR AN EMPLOYEE OR CONTRACTOR OF CEG WHILE COMMISSIONED BY THE CLIENT WHETHER USING CEG EQUIPMENT OR NOT. ALL RIGHTS INCLUDE AND ARE NOT LIMITED TO FULL RIGHTS OF UNLIMITED OWNERSHIP, UNLIMITED MODIFICATION, UNLIMITED PUBLICATION, ALL SALES, UNLIMITED COMMERCIAL AND ANY OTHER USAGE WITHOUT EXCEPTION TO CEG AND OR THE CREATOR OF THE CONTENT. 

 

DIGITAL POSITIVE DEFINITION


A "digital positive" means a media provided in ready-to-print, or otherwise final colored and edited condition with appropriate touch-up and edits to the photographer's style. The product refers to a digital positive with a Standard Usage License, and not a full license transfer of ownership. A digital positive may include a watermark of the photographer's brand or choosing.


DIGITAL NEGATIVE DEFINITION


A “digital negative” refers to the RAW or SOOC (Straight Out Of Camera) file, which can also be a JPEG, Apple ProRes, DNxHD, DNxHR, CinemaDNG or any other RAW proprietary format. This type of media is not offered to our clients in any standard package, however it may be negotiated at an extra fee. Digital Negative refers to an undeveloped, untouched, unedited image made by the camera and retrieved from the camera.

 

DEFINITION OF MEDIA LICENSES


We offer two licenses available to the end user or business for purchase at various rates. Neither of these licenses are not a full hand-over of all ownership rights to the purchaser, and CEG and or the photographer working for CEG hold exclusive and unlimited intellectual property rights to all media items regardless of license purchased by the client. We have special commercial licenses which can be requested and purchased by interested parties for full ownership transfer. CEG does not include any captured RAW or edited sub-clips for any media captured on any project unless specifically negotiated as part of the "Scope Of Work" section of the agreement. 


Standard Usage License: The Standard Usage License is a general use license where all digital positives can be watermarked and provided in a digital format, or in various physical media. This license is a general “usage” license and no modification or reproduction or sale of the delivered media is endorsed or allowed without written permission from the owner. The purchaser of the Standard Usage License is not the owner of the media, but licensed to use it digitally such as on social media, or self-promotion websites or digital advertisements for non-commercial applications only. The purchaser may not sell the media or make any income off of the media as they do not own it, and would violate ownership laws. The purchaser my not reproduce the media digitally or physically in any way. All printing or reproduction or modifications to media under Standard Usage License must be ordered through CEG. 


RAW License: This license is an extended rights license and includes both or either Digital Negatives and or Digital Positives. It extends all modification, printing and a limited advertising application to the purchaser. Limited advertising is referring to local media, newspaper, website or print media self-promotion or product launches and similar non-commercial applications. The purchaser does not receive intellectual property rights, and therefore is not the full owner of the media. All RAW License extensions are negotiated with the client according to the intended usage or application. If the purchaser has an intention to use the licensed product or media for commercial applications such as broad advertising campaigns in TV, Social Media Advertising, Large Print Media Advertising such as billboards or magazines or for any financial gain, the RAW license does not cover this usage! A RAW license does not extend to re-sale of the media items. It is merely a modification, distribution and usage license that extends to parties interested in modification of the RAW digital positive provided by CEG. Basically if the client is not making money off of the media items, and or is not using media items in unauthorized advertising of any kind, the RAW License will generally cover most non-commercial, not financial gain usages.  In the event the purchaser does not negotiate a commercial license usage and CEG is not compensated for appropriate advertising or commercial usage of media items and avoids paying for a commercial licensing fee, CEG is entitled to all profit made from the commercially licensed product, 100% of the sales income from media items sold shall be rendered to the owner of the media (CEG) for unlawful sale of CEG intellectual property within 30 days of receiving profit and any legal expenses shall be paid by offending party. Failure to do so will result in prosecution for damages. 

 


Full License Below


RAW LICENSE


 RAW License refers to a reproduction and modification rights license for conformed Digital Negative or Digital Positive, or un-conformed Digital Negative direct from camera as negotiated by client and photographer. The RAW license is negotiated per usage by the client with CEG prior to signing of agreement. With the purchase of the RAW License the photographers extends to the client rights to modify, print, distribute, use, and publish media items, including reproducing as print or use in other mediums for non-commercial usage. CEG and or the photographer working for CEG reserve the exclusive right to the intellectual property of the media as owned by CEG or the photographer for any use including on promotional content, websites, print and otherwise commercial work and or any place CEG deems fit, including sales for profit and or charity. Purchasing the RAW license offers an extension to the usage rights for the purchaser, but does not transfer intellectual property or full ownership rights of any kind to the purchaser.


i.    Printing of the licensed product is an extended right to all commercial and non-commercial clients. However commercial sales of the product licensed by the client must be licensed from CEG as a commercial RAW License extension prior to print. Failure to accurately depict the sales figures or failure to obtain a commercial license from CEG will result in CEG collecting 100% of all profits for the entire usage of the non-licensed product for the duration of the usage from start of usage until end of usage. Further damage claims may be pursued by CEG for deliberate violation of the license usage policy, which may include but is not limited to all legal costs and loss to business plus unauthorized usage sales of any media items.  


ii.    Commercial usage must be defined in Scope of Work section of the agreement between both parties, and a quote will be provided based off of the advertising campaign purchase order amount. A commercial licensing fee is negotiated as a percentage of the advertising campaign total purchase amount where media items will be used in a commercial manner. 


iii.    Modifications are allowed so long as it does not defame CEG or the photographer in any way. 

 
iv.    Credit for the original work must be given to the photographer and or CEG in print, publication and or digital distribution without exception.

v.     Payment for breaches must be provided to CEG within 30 days of initial notification. 

** The term "photograph" or "licensed product" or "media" or "video file" or "clip" or "any printed media item" are to be used interchangeably. 

** The term "photographer" or "cinematographer" or "videographer" or "audio engineer" or "engineer" are to be used interchangeably. 


 

STANDARD USAGE LICENSE:

The license is for use on all digital platforms such as social media, and digital distribution within reason and without profit to the client. CEG or the photographer working for CEG reserve the exclusive right to the intellectual property of the licensed product. The Standard Usage License is for the general common sense use for self-promotional usages, websites, This Standard Usage License has the following conditions:

i.    Printing or reproduction or re-use of the licensed product is strictly prohibited, without exception. Printing rights, either at home or at a lab are not authorized via the Standard Usage License. This license does not include re-usage of media items in any projects which are not noted as part of the Scope of Work in the agreement between both parties. Any prints which are illegally made under this Standard Usage License will be prosecuted and billed at the breach rate defined below and or loss of income to CEG per instance of breach or whichever is larger. 


ii.    This license is not a transfer of ownership and not a license to print or physically or electronically reproduce this media in any way or in other unlicensed projects outside of the Scope of Work defined in the agreement between both parties. All prints must be ordered through CEG and will be invoiced to the client. Any media items which are to be used in other projects by the client must be licensed as a RAW License. Unauthorized usage of any media items will be prosecuted. 


iii.    Modifying a Standard Usage License media item in any way outside of the tools which standard social media platforms allow (such as cropping for profile picture, or cover photo) is strictly prohibited. Any color work or major changes in the RGB balances or special effects being applied to media after the fact is not authorized as it changes the deviled state of the media as delivered by CEG and compromises CEG quality and brand reputation. The client is allowed to crop the image, even with a water mark on social media platforms for either a). Profile picture or b). Cover photo or similar applications and nothing else. 


iv.    Deliberate removal of watermarks or editing color work to a media item is strictly forbidden, and is a breach of license as the client does not own that photograph, and this Standard Usage License is a “usage license” only. If the client requires a change in media item, they must either purchase the full license or request a change by CEG which can be billed out at CEG standard hourly rate at time of inquiry. Otherwise changes to the original photograph are a breach of copyright laws, and a breach of the Standard Usage License extended to and agreed upon by the end user, or client and will be billed at the breach rate defined below.

Other Considerations:

v.    All breaches will be billed to the client at $250 + damages and or loss of business to CEG, whichever is greatest. 


vi.    Credit for the original work must be given to the photographer and or CEG in print, publication and or digital distribution without exception.


vii.    Re-Distribution of this licensed product through unknown parties is not allowed. The license extension is between the purchaser and CEG and no other party. The purchaser must take measures to adequately ensure that the licensed product does not get distributed to non-licensed parties. Any breach of this agreement will be billed at the breach rate defined above. 

viii.    Payment for breaches must be provided to CEG within 30 days of initial notification. An interest rate of 10% will be applied monthly to the outstanding balance without exception. 

** The term "photograph" or "licensed product" or "media" or "video file" or "clip" or "any printed media item" are to be used interchangeably. 

** The term "photographer" or "cinematographer" or "videographer" or "audio engineer" or "engineer" are to be used interchangeably. 

 


EXCLUSIVE COMMERCIAL LICENSE

Exclusive Commercial License: A full rights license in which the client pays a fee to CEG to be able to use, modify, distribute and reproduce the original content provided by CEG. Deemed as Commercial at agreement signing, the Exclusive License (Commercial) defines a for profit usage of the licensed product. For Commercial use of the Exclusive License, the client must provide CEG an estimate of the advertising campaign purchase order from which a  percentage of the profit will be rendered to CEG within 30 days of the client's incoming profit per use of the licensed content created by CEG. The Exclusive License does not limit the ownership or any rights of CEG over the created content, and  unlimited rights, including ownership and original copyright are held by CEG for all licensed content including Exclusive Licensed content.  

All conditions of the Exclusive Commercial License are negotiated with the client prior to purchase and agreement signing and will be a part of the details of the agreement. 


CEG and all affiliated partners reserve the right to modify any part of the licenses at any time without any notification.