Licensing and Copyright Terms
1. SCOPE OF AGREEMENT
This agreement governs the licensing of all photographic works, video content, and metadata (collectively referred to as "the Work") owned by GK Naill ("the Licensor"). By submitting a licensing request form, the applicant ("the Licensee") acknowledges that they are entering into a binding legal inquiry subject to the terms outlined herein.
2. DISCRETIONARY LICENSING
The issuance of a license is at the sole and absolute discretion of GK Naill. Submission of a request form does not constitute a grant of rights or an agreement to license. While the Licensor maintains an extensive portfolio, the Licensor reserves the right to withhold any specific Work from licensing at any time, for any reason, regardless of its public visibility on social media or portfolio platforms.
3. LICENSE TYPE AND EXCLUSIVITY
Unless otherwise negotiated in a separate written contract signed by both parties, all licenses granted are non-exclusive and non-transferable. The Licensor retains all rights to license the same Work to multiple parties simultaneously.
4. USAGE LIMITATIONS (SINGLE PLACEMENT)
Licenses are granted for a "Single-Placement" only. For broadcast, this is defined as use by the Licensee within a single 24-hour news cycle. For digital/web, this is defined as a single URL. Sublicensing, syndication, or distribution to affiliate stations, parent networks, or third-party wire services is strictly prohibited unless expressly authorized in writing and will incur additional fees. Any additional use, including but not limited to cross-platform posting, archival use, or "re-airing" outside of the originally specified scope, requires a new licensing request and subsequent approval.
5. PROHIBITION ON PHYSICAL MERCHANDISE AND PRINTS
The licenses offered through this portal do not cover physical prints, apparel, or any form of tangible merchandise. GK Naill reserves all rights to the production and sale of physical prints and merchandise. Third-party entities are strictly prohibited from producing, distributing, or selling physical reproductions of the Work. Unauthorized print runs constitute a material breach of copyright. Entities interested in collaborative retail opportunities in which products are sold through the official Licensor storefront (www.gknaill.com) must contact the Licensor directly to enter into a separate partnership agreement.
6. MANDATORY ATTRIBUTION AND CMI
Proper attribution is a material condition of every license granted. The required credit string is:
Photo: GK Naill | gknaill.com.
Failure to provide proper attribution in the specified format will result in an immediate 50% surcharge on the base licensing fee. Usage without visible and correct credit constitutes a breach of contract and an unauthorized use of the Work under 17 U.S.C. § 1202.
7. UNAUTHORIZED USE AND PROVISIONAL FEES
Usage of the Work prior to a fully executed licensing agreement and receipt of payment is strictly prohibited. If the Work is published, broadcast, or otherwise utilized before an agreement is reached, the Licensee agrees to pay a minimum penalty fee of three times (3x) the standard market licensing rate as determined by the Licensor. Depending on the scope of the infringement, the penalty can and will increase.
8. NON-PAYMENT AND LEGAL ACTION
Licenses are only valid upon receipt of full payment. In the event of non-payment or a breach of these terms, the Licensor will pursue all available legal remedies to the fullest extent of the law. This includes, but is not limited to, the recovery of statutory damages, lost profits, and all associated legal fees and collection costs.
9. COPYRIGHT REGISTRATION AND STATUTORY DAMAGES
The Licensee is hereby notified that the Work is registered with the United States Copyright Office (USCO). Unauthorized use, including use exceeding the scope of a granted license or use without a license, may subject the infringer to statutory damages of up to $150,000 per work, plus legal fees, pursuant to 17 U.S.C. § 504 and § 505.
10. SOCIAL MEDIA SHARING POLICY
Publicly posted content on the Licensor’s social media channels may be shared only via the native "resharing," "reposting," or "embedding" functionality provided by the respective platform. Downloading, screenshotting, or re-uploading the Work to any personal or commercial feed without a paid license is strictly prohibited and constitutes copyright infringement.
11. GOVERNING LAW
These terms shall be governed by and construed in accordance with the laws of the State of Colorado and the federal copyright laws of the United States. Any disputes arising from these terms shall be resolved in the appropriate courts within the State of Colorado.
INSTRUCTIONS FOR SUBMISSION
Please complete the form below in its entirety. Incomplete forms will not be reviewed. Upon submission, the Licensor will review your request and, if approved, will issue a formal quote and invoice. No rights are granted until the invoice is paid in full and a high-resolution file is delivered.