AGREEMENT FOR LICENSING OF IMAGES (hereinafter, “AGREEMENT”)

The photographer or his legal representative (hereinafter, "AGENT") agrees to license use of images to Cornell University on behalf of the Cornell Lab of Ornithology (“CLO"), as described herein.

SECTION 1:  User and use information.

AGENT: The photographer or legal representative authorized to grant this license for use of images.

The LICENSEE is Cornell University, on behalf of the Cornell Lab of Ornithology.

The LICENSED USE is the permitted level of use designated by the Agent and will conform to one of the following categories:

Level one: Images can be used on any and all CLO websites (including subscription sites) and electronic or print publications produced by or for CLO, including (but not limited to) All About Birds, eBird, Birds of North America, Living Bird, Birdscope, and any future CLO publications or web sites.

Level two: Images can be used on all level one applications plus commercial retail products marketed under the CLO's name, such as books, CDs and DVDs.

Level three: Images can be used for all of level one and level two uses, and in addition can be sublicensed by CLO for any commercial use (supports the operation of the CLO).  Commercial use is defined as use in non-CLO books, magazines, CDs, or DVDs or other products sold through retail locations, including web sites.  CLO-owned subscription-controlled web sites, such as Birds of North America, and books, CDs, DVDs or other products marketed under the CLO’s name are not considered commercial enterprises for the purpose of this Agreement.

Level four: Images can only be used as the featured photographer on the All About Birds web site.

SECTION 2: License fees
This license grants the Cornell Lab of Ornithology the rights to use designated images on a royalty-free basis.  

SECTION 3: Terms and Conditions.
1. The AGENT hereby grants to the Cornell Lab of Ornithology the non-exclusive right to use the IMAGES(S) designated within this AGREEMENT in perpetuity for the LICENSED USE designated by AGENT, and under the conditions set forth in this AGREEMENT.

Nothing herein contained shall be construed to restrict or prohibit the AGENT from entering into similar agreements with other persons with respect to any of the IMAGES(S) licensed or to be licensed to the Cornell Lab of Ornithology. The use of the IMAGES(S) by the Cornell Lab of Ornithology shall be limited and restricted solely to the LICENSED USE designated by the Agent.

2. Where Agent designates the Licensed Use as Level 1, 2, or 4,  Cornell Lab of Ornithology may not sell or otherwise transfer any right or interest in the IMAGES(S) or copies of the IMAGES(S) without the express prior written consent of the AGENT.  Notwithstanding the above, Agent’s designation of the Licensed Use as Level 3 shall serve as Agent’s irrevocable consent to allow CLO to sublicense the Images to any third party for any commercial or non-commercial uses.  Agent understands and acknowledges that any proceeds obtained by CLO as a result of such sublicensing shall be the sole property of CLO.

3. The AGENT does hereby represent and warrant that he or she is either a) the holder of the copyright of the IMAGE(S), or b) authorized to license IMAGES(S) by the copyright owner. The AGENT further represents and warrants that he or she has the full power and authority to enter into this AGREEMENT and grant to the Cornell Lab of Ornithology the license rights described herein.  AGENT shall indemnify and hold harmless CLO and Cornell University from and against any and all claims, damages, causes of action, or expenses (including reasonable attorney’s fees) arising directly or indirectly from AGENT’s breach of any of the representations and warranties contained in this Paragraph 3.

4. The Cornell Lab of Ornithology agrees to credit the AGENT, or Agent’s designee, under the following guidelines:

a. Photographer credit will not be shown on thumbnails or selected parts of a bird’s image.  For this purpose, thumbnails will be defined as images 125 pixels wide by 125 pixels tall, or smaller.

b. All images larger than thumbnail size will be credited by showing the photographers name with © designation in one of three locations: 1. Directly on the image.  2. On a roll-over of the image. 3.  In text on the same page as the image.

5. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of New York and any action hereunder may be duly filed within the jurisdiction of the State of New York.

6. No modification to this AGREEMENT shall be valid or binding unless made in writing and executed by both parties hereto.

7. This AGREEMENT may be terminated by the AGENT with 90 days prior written notice to Licensee. Notification shall be submitted in writing, to:

Director—Communications and Marketing
Cornell Lab of Ornithology
159 Sapsucker Woods Road
Ithaca, NY 14850

Upon receipt of said notification, the Cornell Lab of Ornithology will cease to use the licensed images in any new use not in existence as of the termination date.  Notwithstanding the above, termination shall not affect CLO’s right to continue using any licensed images already in use (whether by CLO or pursuant to third party sublicense, as applicable) prior to the termination date according to the use level previously designated by Agent.

By submitting this form, the AGENT hereby declares full acceptance of this agreement.

Please select the level of use and complete the contact information.

Level one: Images can be used on any and all CLO websites (including subscription sites) and electronic or print publications produced by or for CLO, including (but not limited to) All About Birds, eBird, Birds of North America, Living Bird, Birdscope, and any future CLO publications or web sites.

Level two: Images can be used on all level one applications plus commercial retail products marketed under the CLO's name, such as books, CDs and DVDs.

Level three: Images can be used for all of level one and level two uses, and in addition can be sublicensed by CLO for any commercial use (supports the operation of the CLO).  Commercial use is defined as use in non-CLO books, magazines, CDs, or DVDs or other products sold through retail locations, including web sites.  CLO-owned subscription-controlled web sites, such as Birds of North America, and books, CDs, DVDs or other products marketed under the CLO’s name are not considered commercial enterprises for the purpose of this Agreement.

Level four: Images can only be used as the featured photographer on the All About Birds web site.