Definitions

Definitions of licensing terms are provided here as reference in instances where a specific or formal Agreement or Contract has not been issued to govern a commission of or licensing of images authored by Kris R. Orlowski/Kris Rae Photography.

In any and all cases, Kris R. Orlowski reserves all Rights to the use of his Work. In any and all cases where the definitions of this page or any Agreement or Contract do not cover a particular use case, all unnamed Rights are reserved by the author.

Please direct all questions to studio@krisrae.com.

 

DEFINITIONS - Image/s, Footage, Video, or Photograph/s (herein “Work”), are any copyrightable materials created as a part of the project as agreed to by Creator and Client (or Agency). “Client” is the licensee of the Work as detailed in a Job Description or the purchaser of an image in our online galleries.

"Editorial" use is when the Client publishes the Work in their own editorial publication, for the purpose of educating and/or conveying news, information or fair comment opinion, which is available for sale to the general public, and which does not seek or accept sponsorship to, or in itself, promote a specific product, person, service or company.

Advertising” use is when the Client (or Agency) is paying for the placement of the Work on or in whatever media it appears.

Publicity” use is when the Client submits the Work to an outside editorial publication (whether print or electronic) for Editorial use only, and the Client (or Agency) is not paying for that use or placement.

Collateral” use is when the Work appears in or on a platform that the Client (or Agency) wholly controls and produces, such as a company web site, annual report, brochure, or social media profile, and is intended to promote a commercial product, service, personality or brand.

Personal” use is when the Work appears in media or on a platform that is intended for non-business, non-commercial, illustration. The term “Personal” may be used to modify or restrict other types of uses.

Public Display” use is when the Work is shown or displayed in a Client maintained space, open to public viewing (i.e. corporate office, trade show, public event), and the Client (or Agency) is not purchasing Advertising space to allow for the placement of the Work within the media or location it appears.

Private Display” use is when the Work is shown or displayed in a non-commercial, private space, closed to public viewing, and the use of which does not promote a commercial product, service, personality or brand.

Out of Home” (herein OOH) is all paid placement displays viewable to the general public from any public or private space.

Point of Purchase" or "Point of Sale” (herein “POS”) use is when the Work is included in a non-paid placement Print or Electronic indoor display for the purpose of promoting a product, service or corporation, within a third party retail space or Client location.

Merchandise” (herein “Merch”) use is when the Work is printed or displayed as part of a commercial or retail product.

Packaging” use is when the Work is printed or displayed on the packaging for a commercial or retail product.

"Unlimited Promo" use includes all Editorial, Publicity, Advertising, Collateral, Public Display uses of the Work, defined herein.

Unlimited Commerce” use includes all POS, Merch, Packaging, and OOH uses of the work, defined herein.

Media” is the medium in which the Work is reproduced, inserted, displayed or placed by the Client (or Agency).

Consumer” use is when the Media in which the Work appears is directed toward and/or available to the general public.

Trade” use is when the Media in which the Work appears is directed toward specific industries, professions, or special interest groups for commercial, promotional or Advertising purposes, and is not available to the general public.

Print” is all printed or physical mediums and displays.

Electronic” is all digital and Web mediums and displays, except Broadcast.

Web” is all digital mediums accessible via an internet browser or internet based software or application (aka App), except Broadcast.

Platform” refers to specific digital mediums in which the Work is reproduced, inserted, displayed or placed by the Client (or Agency).

Broadcast” is all network and subscription television and radio outlets, including all “streaming” services and channels.