Copyright Clause | Kodiak Creative

1. Definitions

“Client” means any person, body of persons, firm or company with whom Naprstek Media LLC dba Kodiak Creative enters into an agreement for the sale of goods or provision of services by Naprstek Media LLC dba Kodiak Creative.

2. Acceptance of Terms and Conditions

All contracts and transactions between Naprstek Media LLC dba Kodiak Creative and the client whether made orally or in writing are subject to these terms and conditions, which shall be deemed to be incorporated into any contract between Naprstek Media LLC dba Kodiak Creative and all or any of its clients.

3. Copyright and Ownership

In accordance with the copyright laws, any and all images appearing in the Kodiak Creative website, KodiakCreative.com, all social media pages associated with Naprstek Media LLC dba Kodiak Creative, consisting of but not limited to Facebook, Twitter, Instagram and PhotoShelter, as well as any images photographed and captured are the exclusive property of Naprstek Media LLC dba Kodiak Creative and are protected under the United States and International Copyright laws.

Copyright and ownership of images taken by Naprstek Media LLC dba Kodiak Creative will always be retained by Naprstek Media LLC dba Kodiak Creative. Unless given written authorization, the client is forbidden by law from copying any images created by Naprstek Media LLC dba Kodiak Creative and agrees that all photographic reprints, digital duplications or copies of any type made from images created by Naprstek Media LLC dba Kodiak Creative shall only be carried out by Kodiak Creative. The images may not be reproduced, printed, copied, transmitted or manipulated without the written permission of Naprstek Media LLC dba Kodiak Creative. The use of any image as the basis for another photographic concept, illustration or reproduction (digital, artist rendered or alike) is a violation of the law and is strictly prohibited. The license to reproduce such images is granted to the client on the understanding that all invoices are paid within the Naprstek Media LLC dba Kodiak Creative stated payment terms.

Reproduction rights (if and when granted) are strictly limited to the use specified on the invoice. An agreement must be reached with Kodiak Creative before the pictures are used for a different purpose or after the license has expired. Kodiak Creative reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on the invoice.

All original digital files created by Naprstek Media LLC dba Kodiak Creative remain the property of Naprstek Media LLC dba Kodiak Creative. Naprstek Media LLC dba Kodiak Creative will ensure that all such materials are stored safely for the client and make them available for future reproduction in return for the relevant fee.

Naprstek Media LLC dba Kodiak Creative reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes. Naprstek Media LLC dba Kodiak Creative reserves the right to use images from events, permitting the subject captured does not object under accordance with the law.

4. Exclusivity

If a booking is made where Naprstek Media LLC dba Kodiak Creative is to be paid solely by monies received at an event from the sale of photographs, Naprstek Media LLC dba Kodiak Creative reserves the right to have exclusive photography rights for the assignment. This includes photographs either being offered for sale or free of charge, by any other photography company both at the event or via a website afterwards. This also includes press and other media photographers.

5. Fees and Expenses

All prices quoted to the client apply only to the original job description and specifications given to Naprstek Media LLC dba Kodiak Creative by the client. Naprstek Media LLC dba Kodiak Creative reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment.

6. Confidentiality

Naprstek Media LLC dba Kodiak Creative acknowledges that in the performances of the services, he may receive information from the client which is designated by the client as confidential. Upon request from the client, we agree to keep this information secret and not to disclose such information to other parties except as required by law.