Rights Protected vs Royalty Free: A Real Explanation of Real Differences
An Insider's Essential Guide to Making the Right Choice

 

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Contents

  Buying a picture from ANYONE? A Survival Guide!

  "Royalty Free" vs. "Rights Protected": Six Differences you MUST be aware of!

   Definitions of "royalty free" and "rights protected"

1. Permitted Use - What the heck are you allowed to do with these pictures?
2. Cost - (A Few Surprises!)
Pricing - "Traditional" Rights-Protected Photography
Pricing - "Royalty Free" Photography
3. Competing Use Protection - Don't get burned!
The Most Important Question to Ask:  Does it matter to this project if someone else, maybe m worst enemy, uses the exact same picture?
How to figure it out: 2 Further questions:
a. Is it likely someone with a competing usage will select the same picture?
b. Does it really matter if someone else uses the same picture?  Four key factors:
1. Does the picture have models in it?
2. Is the picture my "major visual"?
3. Will I be altering the picture?
4. Will the finished piece be widely distributed?
Royalty Free and Magazine Advertising-- A Dangerous Combination!
4. The Nature & Purpose of the Imagery - (This'll surprise you!)
Rights Protected Stock - "Story-Telling Power"
Royalty Free - "Image Adaptability"
5. The Size of the Image Reservoir - (An Ocean vs. a Pond)
6. The "Hassle-Factor" - (Things are Changing!)
Just How "Hassle-Free" is Royalty-Free?
> No "Items for Resale" - What the heck is that?
> Competing Use - The Mother of All Hassles...
> Need a Transparency? Forget it!
> Humanoid Photo Research - Welcome to Cyber-Chaos!
"Rights Protected" is Getting Better, Faster & Smarter - (Learn how to take advantage!)

  Model Release Fallibility - See you in Court
Why This Stuff Matters.
A Dirty Little Secret
Is it safe to Assume the photo-seller has done a good job with the model releases-- and that if they have not, it's their problem and not yours?
"Libelous" or "Defamatory" - A signed model release might not cover it.
How To Protect Yourself:
Three Model Release Questions you must ask whenever you use a photo, "Rights Protected" or "Royalty-free":
>Does a model release exist at all, and, if so where?
>If a model release exists, is it solid and "perfected"?
>Does the model release cover the way I intend to use the picture?
Steps to Take to Protect Yourself:
>Make sure the agency has model releases.
>Get a copy of their "Standard Model Release"
>Assess your usage of the photo carefully.

  Conclusion: Why Savvy Designers use a Combination of "Rights Protected" and "Royalty-Free".

A Handy Comparison Chart - Rights Protected vs. Royalty Free 

 

  Choosing an Agency, Royalty-Free or Rights Protected?   What to Look for in Each

If it's on a CD-ROM, does that mean it's Royalty-Free?

If it's on the WEB, does that mean it's Royalty-Free?

Shameless Self-Promotion (and some Free Stuff, to Boot)

 

Questions or Feedback? We'd love to hear from you…

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