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ABOUT - LICENSING THOMAS SCHOELLER IMAGES
All uses of my work, for any reason including but not limited to publication, commercial or private use, are subject to licensing usage fees and a limited use Licence agreement contract. If you are interested in Licensing my © Photographs you are required to contact me personally. I am a self-managed photographer, I am not represented by a microstock agency or any Third-party and you deal directly with me. You will never see my imagery available to license on any stock photography websites. I manage and negotiate my own license agreements with prospective clients on a case-by-case basis. I am in no way obligated to agree to terms I am uncomfortable with if set forth by any print companies, and I reserve the right to decline any inquiry for any reason. I am often asked to license images for commercial usage that I may have photographed with consent for Fine Art, but without a property release. In such cases, I need to review your request to license my work carefully before proceeding.
Many variables come into play when it comes to product licensing and pricing. Factors such as the Intended Use, the Print Run (if applicable) the Length or Duration of use, the Size needed etc.. All my image licensing is handled on a case-by-case basis.
Typical uses include, but are not limited to:
- Magazine publications
- Brochures Pamphlets or Business Cards
- Website uses including site banners or visual content
- Blog articles
- Commercial Advertisement / Anything used to sell or promote a product or business
- Travel Guides
- Corporate Holiday cards
- Billboards or Graphics in public places
Requesting Hi-Resolution files of my Artwork for Personal use or making your own prints. I maintain the Right of Reproduction and control how, when, and where my work is reproduced. On occasion, individuals have requested to obtain high-resolution image files to "make their own" prints. A request of this kind is usually based on an unqualified inquiry, or initiated with the malevolent intent to access my image high-quality files. I do NOT provide high-resolution digital files for personal use, EVER. It is my strict policy. I always maintain 100% full quality control of my work at all times. I personally examine large proof prints of every image file before it's published on my website and made available for art lovers to purchase.
The only exception where I turn over high-resolution image files is if I am shooting a Portrait or small venue for a client. In such a case, the fees of the photo session cover a specific number of image files included in a package.
Disclosure of Full Details and Contact Information
If you are interested in licensing any of my image files, I request you to present me with a complete and thorough list of details specific to the intended use of my photographs. My policy here is you must also provide your full CONTACT information. Name, company information for commercial use, complete address, and both an Email address and telephone number where you can be reached. It is presumed that I will need to follow up on your inquiry with additional questions in order for me to determine licensing fees. The complete body of my work, including all text (copy write) and © photographs, are protected by Title 17 of the U.S. Code on Copyright law. All unauthorized use is subject to legal action and fines.
It is important to note that the fees paid for licensing imagery is not similar to purchasing a print. Licensing regulates every detail in which you plan to use the image, and you never take "ownership" of that image file. It works similarly to using computer software, the cost only allows you to use it and not sell or redistribute. Any time you license an image from me, for any purpose, you will need to agree to a "One Time Use - Limited Time" license agreement that I will provide for you via invoice. The only circumstances I don't provide this contract is for established magazines and calendar publications that have their own boilerplate contracts. I will invoice you for payment, and that invoice will include the specific licensing details and serve as the license for my work. I will clearly spell out the specific use for which you are licensing and for what period of time including commencement and termination dates or Geographical areas if so applies.
Permissions to Paint My Imagery and Locations of Private Properties
This is something that I wish I didn't have to address, ever. I struggle with the concept of "how do I even approach this" and there is some part of me that feels terribly -- just awful -- when I'm unable to give someone the answer they are seeking. Unfortunately, it's a necessity that I am forced to protect my own assets and © protected imagery. OK, so let's get this over with.
I get frequent requests -- by artists -- to use my photographic images to make their own derivatives. We are not talking of abstract or watercolor either. This is done to benefit themselves. The request is traditionally accompanied by "oh, no I won't make an "exact" copy of it, I'll change something in it -- I promise -- and I'll give you full credit" Thinking back to the first few times I experienced it, I was flattered by the request. I've never felt comfortable until lately explaining why this is a terrible idea. Perhaps it's empathy, like after my sis drops the kiddos off and my niece or nephew asks me "does Aunt Carol have any chocolate chip cookies we can have?" The strict orders from mom were NO cookies, but how can ya say no to those faces?
Although I don't have any reason to defend myself, I will lay it right out there. The imagery on my website isn't just a simple click of the shutter that gets uploaded to my online gallery. The journey begins in most cases with a serious investment on my behalf! We're talking about flights, car rentals, food & lodging, advanced researching locations, an assistant, many miles of hiking, and waking up at ungodly hours to get my butt on the road -- and finally onto the hiking trails to my destination. I still haven't mentioned close calls with Bears, pissed off Bull Moose, and getting caught at high altitudes during lightning storms. Speaking of investment, I've accumulated damn near $40,000 in equipment just for my nature and landscape work. Lastly, the chances of experiencing amazing lighting or atmospheric conditions that I'm pleased with are far and few between! Seriously, nearly 80% of my RAW files get sent to the trash because I hate them and don't meet my final approval.
And the answer is..... I didn't work as hard as I did over the last 35+ years to build my business up so any random creative artisan could simply copy my works while staring at it on their computer monitor. The same exact rules apply to the music industry. Artists cannot waltz into a studio and record Skynyrd's "Sweet Home Alabama" and stick it on their new record. That is original copyright-protected intellectual property, exactly as is my imagery. However, if you license the rights of the music, you can record "your interpretation" of it. So the answer is, the same rules apply to my imagery. If you are an artisan and wish to paint or draw anything using my imagery, you'll need to apply for a license agreement.
Locations of Subject & Private Properties Yet another touchy subject. There are places I've been to photograph that many others have stood right where I stood to make an image. The first place that comes to mind is Colorado's Maroon Bells, followed by Mesa Arch in Utah. They are iconic natural features that have been photographed over and over. I've been to both locations many times, and luckily -- I was able to pull some stunning and somewhat unique results that are here on my website. There is nothing I can or will attempt to do because they are world-renowned iconic locations on public or National Park lands, and you can find easy directions to icons online. They are not exactly secret places.
What I will address are the images I've made by obtaining permission to enter and photograph old barns on private properties. I've photographed a wide assortment of really amazing rustic barns and even a well-hidden old mill on private estates throughout New England, and as far west as Montana. (The Old Mill is easily the most requested location)
Photographers frequently reach out to me and request the exact locations. This is done so in a self-serving manner, oftentimes very bluntly -- with a special sense of entitlement. No introducing themselves, just a nervy, rude demand asking "where is this barn?" Many photographers follow my Facebook page or subscribe to our newsletters and see announcements of my most recent fine art sales. They want to cash in on my personal success, and again, all of the hard work I put into developing relationships with generous property owners to obtain exclusive rights to photograph.
That being said, I personally have NEVER requested such information from any photographers in my genre' of work. It's rude. As an alternative, I have offered to PAY for the services of another photographer to guide me to a specific location so I can photograph a destination. In fact, I lead guided photo workshops here in the northeast and Acadia. I have returned the favor by bartering and taking other professionals not familiar with my "backyard" to certain places during the magical lighting in exchange for their time and showing me some incredible places I'd likely never find on my own. The moral of the story here is "it's a two-way street."
Notable Recent uses of Thom's Imagery licensed for Publications - Calendars - Books - Websites - Puzzles and more
A sample of magazine issues, news media, puzzles and books that Tom has licensed for publication use.
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