Glossary of Common Stock Industry Terms . . .

Analog image (also, analogue image) - This usually refers to an image in a non-computer format. A transparency, negative or print is an "analog image." Today, most stock images are delivered to stock license buyers in computer (digital) formats, though many images are still created on film.

Buy-out - An inexact term that often leads to confusion. Buyers of stock photography often say they want a "buy-out" when they simply want unrestricted rights to an image. However, a buy-out usually means that the copyright holder is transferring all rights to another party. Obviously, the price a buyer pays for a true "buy-out" will be considerably more than the price for "unrestricted rights," so it is best to make sure that both parties are using the same definition of "buy-out" before talking about the price.

Collateral - Technically a parallel image usage( for example: an image used in a print advertisement and a related brochure). It can also refer to a signature image used in a single campaign across several media. Obviously, this is an inexact term that can mean different things to different people. If "collateral" comes up in licensing an image, both parties should make sure this term is carefully defined in the license agreement. This can avoid problems down the road.

Comp (or comping image) - A low resolution version of an image used in preliminary layouts. Some distributors offer "comps" free while others require payment. One should check with each distributor about its comp policy.

Copyright - A legal right enjoyed by the the creator of any "original work of authorship" to control reproduction, distribution, display and transmission of that work. It also prohibits the creation without permission of derivative works based on the original work. Copyright law makes the creator of a work the only person (or entity in the case of a business) who can grant a license to reproduce the work. Copyright protection can cover literary, dramatic, musical, artistic, photographic and many other intellectual works. Copyright protection exists from the moment a work is created. Protection can be enhanced by registering the work with the U.S. Copyright Office or copyright offices in other countries. Most works are protected for 70 years after the creator's death, though there are some exceptions.

Digital image - Any image in a computer-readable format, stored on a medium that can be used by a computer. It is called "digital" because computers can read only the two numbers (0 and 1) included in a binary numerical system. Everything one sees on a computer monitor or hears from a computer speaker is constructed from long strings of these two numbers. Today, virtually all stock photographs are delivered as digital images.

Distributor (of stock images) - Not long ago, stock distributors were called "stock agencies" because they acted as photographers' agents in the marketplace. However, the idea of "agency" carries with it certain responsibilities and many former agencies have dropped the "agency" clause from their contracts with photographers. As a result, many stock industry people now refer to all stock licensing companies as "distributors" or, sometimes, "sellers."

Download - As it applies to stock photography, this is the act of acquiring an image directly over the internet, usually after making an online purchase.

Fixed price - An approach to selling rights-managed stock photography for a specific period of time, for a specific price, without additional restrictions. This approach may work out well when the license buyer plans to use an image in a number of media. Be aware this is not royalty-free and buyers must live within the restrictions of the license.

FTP - Short for file transfer protocol. This is technical language for the standardized rules governing many exchanges of files between computers and a web servers. In the stock industry, FTP is sometimes used to deliver digital photographs directly to stock buyers. In these cases, the sender needs: (1) an FTP program such as Fetch, Dreamweaver or Front Page, (2) the server name or address, which can be a series of numbers or something like "ftp@domain-name.com" (these can be provided by the web hosting company) and (3) a user name and password.

Image-exclusive - A stock distributor term that usually means the distributor has complete control over a particular image. The image may be available elsewhere through sub-agency agreements, but the subagents should be communicating with the original distributor to properly manage rights where appropriate.

Indemnification ("Indemnify and save harmless" or "save harmless") - Legal terms that usually require one party involved in a contract or agreement to insure the other party from harm, such as the costs of a lawsuit. It is usually a good practice to consult an attorney whenever asked to sign an agreement or contract that requires one to indemnify another party. Some stock image license agreements include indemnification clauses, as do some agreements between photographers and distributors.

Model release - A legal agreement signed by the person or people pictured in an image, granting permission for publication of the image. Model releases may be general in nature, allowing for a wide variety of uses, or very particular, allowing only specific uses. When licensing stock photographs of people for commercial uses, it is always a good practice to request copies of the releases and examine them (or better yet, have an attorney examine them) to make sure the proposed usage is covered by the releases. It also is good to be aware that the law in different countries and even in different states within the United States varies considerably when it comes to using images of people for commercial purposes. It is even possible that some provisions in certain releases will not be valid in some places. When in doubt, consult a lawyer! It is the responsibility of the publisher of any document to obtain all the proper releases. Stock distributors usually have the releases on file and can supply copies. Generally, model releases are not necessary in the United States for truly editorial image uses because these uses are covered under the freedom of the press provisions of the U.S. Constitution. However, there are a number of circumstances where a buyer could still get into legal trouble, such as when the photographer ventured onto private property to make the photograph, so it never hurts to get the release anyway.

License - A stock buyer's permit to use an image for specific purposes. The license spells out exactly what the image may (or, by default, may not) be used for. In the case of traditionally licensed images, the license is typically for publishing a specific number of copies of an image in a particular medium at a particular size to be circulated in a particular area for a particular length of time. Used as a verb, this is the act of granting another party legal permission to use an image in a particular way.

Out-takes - Some buyers refer to "similars" (see below) as "out-takes." However, to some photographers and distributors, the term "out-takes" can mean any images that are not included in the distributor's file of images available for licensing. As such, "similars" may not be considered "out-takes." Buyers should be aware of this distinction.

Photographer-exclusive - A stock distributor term meaning that the distributor has complete control over all of a particular photographer's stock images. This kind of arrangement is rare today.

Portal - An inexact term. Portals usually refer to companies that sell stock licenses over the internet, using an automated sales program. Typically these companies do not have the sizable sales staffs of traditional, full-service stock distributors. Often portals represent images from a number of sources, sometimes including traditional stock distributors, other portals and/or individual photographers.

Print run (circulation) - The number of copies produced of any printed item, including magazines, newspapers, brochures, sell sheets, etc. The print run is one of several factors used to determine the price of a rights-managed or rights-protected image license.

Property release - A legal agreement signed by the owner or owners of property pictured in an image, granting permission for publication of the image. Property releases may be general in nature, allowing for a wide variety of uses, or very particular, allowing only specific uses. When licensing stock photographs of property for commercial uses, it is always a good practice to request copies of the releases and examine them (or better yet, have an attorney examine them) to make sure the proposed usage is covered by the releases. It also is good to be aware that the law in different countries and even in different states within the United States varies considerably when it comes to using images of property for commercial purposes. It is even possible that some provisions within certain releases will not be valid in certain places. And, with some property, it is also possible that there are third party rights, such as trademarks and copyrights, that must also be cleared before you can use an image. When in doubt, consult a lawyer! It is the responsibility of the publisher of any document to obtain all the proper releases. Stock distributors usually have the releases on file and can supply copies. Generally, property releases are not necessary in the United States for truly editorial image uses because these uses are covered under the freedom of the press provisions of the U.S. Constitution. However, there are a number of cases where you could still get into trouble, so it never hurts to get the release anyway.

Rights clearance - The process of gathering all the necessary rights and permissions for a publication, transmission and/or dissemination of a photograph, artwork, written work, musical piece or other original work of art. This may include getting permission from models, property owners, celebrities, trademark and service mark owners, the copyright holders, the original authors (which may be different from the copyright holders) or anyone else who is depicted in, or has rights in the work or in an element depicted in the work.

Rights-managed (RM) - Though this term is thrown around a lot, it can mean different things to different people. Generally a rights-managed image is one for which careful licensing records are kept by the distributor. This means the buyer can ask about previous licenses to make sure the image has not been used by a competitor. Since the distributor is keeping records, it usually is possible to buy a "rights-protected" license (see below) for such images. However, be aware that some images are placed with several distributors, making it difficult to truly manage rights for those particular images. It is fair to ask if an image is exclusive to the distributor you are dealing with and, where it is not exclusive, if the distributor can obtain licensing records from all other distributors of the image. All rights-managed images are "traditionally licensed" (see "traditional license" below) but not all "traditionally licensed" images are rights-managed.

Rights-protected (RP) - For an additional sum, buyers of rights-managed stock photography can often purchase this additional protection from having an image appear elsewhere in the future. Depending on the buyer's needs, the additional protection can extend to a region, an industry and/or a time-frame. For example, a bank in California may be interested in seeing that no other banks use a particular licensed image in California for the next year. In this case, the bank would ask for a "rights-protected" agreement. Some rights-protected licenses let the distributor license "similar" images from the same photo shoot while other rights-protected licenses also extend to "similars" (see below). It often is up to the license buyer to ask about the level of protection being offered.

Royalty-free (RF) - Images sold without traditional usage restraints. The buyer of a royalty-free image can use it in just about any way the buyer wants and as often as the buyer wants. There are, however, some restrictions and buyers should read the license agreements that come with these products. The buyer should also be aware that royalty free images are sometimes widely circulated, meaning that an image and similar images from the same photo shoot may be published many times and may be used by competitors.

Similars - This term usually refers to images produced during a single photo shoot portraying essentially the same scene with essentially the same visual message and which appear like each other in style. Though the exact definition can vary widely between distributors, many stock suppliers use a "man-on-the-street" test. In other words, if a normal person would say two images are essentially the same, they are "similars." This term is often important when a license buyer needs to know how an image has been used or when the buyer wants to purchase rights protection. Such buyers will also want to know about previous uses of "similars" or about restricting "similars" along with the actual image that is being licensed. Some image buyers call these images "out-takes."

Subscription service - A service that lets a stock user download large numbers of images for (usually) a monthly fee. Along with the images, the buyer usually gets a mostly unrestricted license to use the images. The buyer should be aware that these images are sometimes very widely circulated, meaning that an image and its similars may be published many times and may be used by competitors. As with all stock photography products, some restrictions will exist and buyers should read the licensing agreement.

Trade mark (also service mark) - The United States Patent and Trademark Office defines a trademark as, " . . . any word, name, symbol, or device, or any combination used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name." A service mark is essentially the same thing for services. Trade and service marks may be registered with the government. The main thing to keep in mind when using stock images is that many businesses do not want you to reproduce their trade and service marks in a commercially-used photograph, and this is their legal right. When a trade or service mark appears in an image, stock license buyers need to obtain permission to use the mark or the mark must be removed from the image. Some stock distributors will remove trade and service marks for stock license buyers.

Traditional license - A permit to publish an image a particular number of times in a particular medium, at a particular size, to be circulated in a particular area, for a particular length of time. A traditional license may or may not be "rights-managed" or "rights-protected. "

Usage - The precise way an image will be displayed, transmitted, published or otherwise used, including the kind of publication, the size of the image in the publication, the number of copies to be distributed, the region in which the copies will be distributed and the length of time the publication will be distributed. Rights-managed distributors can have many usage categories, each with its own pricing. Though rights-managed licenses can sometimes be purchased online, it often is best to talk with the distributor if there are any questions about the categories a usage falls under.