Getty Images Contributor Agreement v5.1 Fact Sheet
Thursday September 21, 2017
These frequently asked questions highlight key features of the Getty Images Contributor Agreement (v5.1). We hope you find it useful but it is not a complete list of the terms. We recommend that you read the sample Agreement in full and, if you feel it necessary, seek advice from your personal business advisor.
Royalties & Payments
- What is this Agreement?
This is our standard Agreement for all contributors who are paid a royalty. It’s a worldwide, content-exclusive Agreement that can cover our creative stills, editorial stills and footage collections.
- What rights am I giving you under the terms of the contract?
You are giving Getty Images the exclusive right to license your Accepted Content on a worldwide basis and the right to determine the final terms, conditions and pricing of any licenses relating to Accepted Content, while the Agreement remains in force.
- Can I submit any Content that Getty Images has accepted (or Content which is Similar to any Content Getty Images has accepted) to any other Third Party during our relationship?
No. The Getty Images Contributor Agreement is a content-exclusive contract. That means once we have accepted your Content, you cannot then submit that same Content (or any content that is Similar to it) to any other Third Party (for example another Stock Agency) for licensing and you cannot license it directly yourself. However you are free to license other Content that you have produced (providing it is not Similar to any Accepted Content) with another Third Party while the Agreement remains in force.
- Do I need to supply Model and Property Releases with my Content?
Yes, we will not accept any Content (that requires it) without releases, so if your Content needs model and/or property releases you must supply them during the submission process.
- Can I submit Content if “prior use” or other restrictions apply?
We may allow you to specify, at the time of submission, certain use restrictions for Content that is being submitted to Editorial & Video Rights Managed Collections but NOT into our Royalty Free collections.
- Can I use any of my Content that you accept for my own self-promotional purposes?
Yes, you retain limited rights to use your Accepted Content (and any Similars) for promoting or documenting your work and to license it yourself for limited edition fine art prints. You also share co-exclusive rights to sell non-limited edition prints and, for content placed in RF, select merchandise directly to your customers.
- Can you use my Accepted Content to market Getty Images and if so do I get paid for those uses?
Getty Images and its agents have the rights to use your Accepted Content to promote, market or advertise either i) the actual Accepted Content, ii) you or your work or iii) our businesses, without paying you a royalty. We endeavor to ensure that the contributor is credited in these promotional uses to ensure there is benefit to the contributor in having their Accepted Content used this way.
- How do you stop your clients from using my Accepted Content in an inappropriate or unauthorized way?
Our End User License Agreement (EULA) does not permit our clients to license Accepted Content for any uses that are libelous, defamatory, pornographic or otherwise illegal. We reserve the right to act on your behalf to stop these uses when required. We have the exclusive rights to make, settle and defend any legal claims relating to Accepted Content such as infringement of copyright and other intellectual property issues.
- Does the content I submit have to be created by me?
You must ensure that all the Content you submit is your original work and / or you have sufficient rights to grant Getty Images the rights set out in the Agreement. You warrant that there are no other restrictions, interests or limitations applicable to the Accepted Content which could interfere with the rights you grant to Getty Images.
- Do I retain the Copyright for my content?
Yes, you always retain copyright of your original work and your Accepted Content, including when it is the basis of Derivative Works created by others (including clients).
- What happens to my rejected content?
We have the right to accept and reject Content you submit. You retain the rights to market Content which is rejected by Getty Images elsewhere, provided it isn’t Similar to Content accepted into our collections.
- What is ‘Similar’ content?
Similar is defined in the Agreement, but we identify similar content that when compared side-by-side with each other, it would cause an industry professional, especially a customer, to believe the content is substantially the same.
- Can my content be modified?
Except for Content that is accepted for licensing through Rights-Managed Editorial or Reportage, Getty Images, our Distributors and our clients have the rights to adapt, modify, recast or create Derivative Works of any Accepted Content. For Creative material, for the duration of the Agreement you waive your moral rights to be identified as the author of any Accepted Content, to object to the modification of any Accepted Content and to withdraw any Accepted Content from the market.
Signing the Agreement
- What are your payment terms?
Each month you will receive a detailed statement of licenses granted in the previous month showing the royalties that are due to you. Those royalties are then paid the month after you receive the statement. So, for example, any licenses made during January are reported on February 20 and paid on March 25.
- How are my royalties taxed?
The Agreement is with Getty Images (US) Inc., a US-based corporation incorporated in New York state, so contributors who are non-US tax residents will be subject to a default 30% US withholding tax on their royalties’ income from US clients. According to the IRS, you can possibly reduce or eliminate this withholding tax altogether if there is an income tax treaty between the US and the country you are tax resident in. We are not legally allowed to give you tax advice, so recommend you contact an advisor if you have further questions.
- What are your payment options?
Payments are made via Payoneer or PayPal.
- What are your royalty rates?
You can find our royalty rates on page 1 of the sample agreement.
- Can I enter into the Agreement in my company name and get paid to my personal account?
No, the name on the Agreement must exactly match the name of the person or entity that we pay.
- Should I sign the Agreement as an individual or as a business?
You will need to sign the Agreement as an individual, but will be able to change it to a business when completing our Tax Interview.
- Can we sign the Agreement as a partnership, for example ‘John Smith & David Grant’?
Yes, but only if it is a legally registered business entity. If you are in the United States, or are a foreign entity applying for tax treaty benefits with the IRS, you will need to provide us with an Employment Identification Number (EIN) for that partnership.
- Can I sign the Agreement under a trading name i.e. ‘John Smith trading as John Smith Photography?
No, we cannot support trading names. If you are doing business as an individual, but using a trading name, we advise you to sign as an individual.
- Can I use a pseudonym for my credit line on gettyimages.com?
Pseudonyms are acceptable but we recommend that you use your real name on the website to maximize possible commercial opportunities that can occur due to your work being licensed by Getty Images.
- How can I terminate my agreement?
You may terminate the Agreement at any time with a 90 days notice. Also, you may terminate with shorter notice (30 days) following our change to the Rate Card or an amendment to the agreement that we make unilaterally.