Legal Documents

To begin and to be very clear, Cutcaster does not take ownership over your content. You created it. It's yours. You own it. We have adopted the following general policies and agreements for the benefit and protection of our users. Below are links to documents behind our services.

Please read them carefully.

Contributor Agreement

It is important for us to have a written agreement with each Contributor we accept digital media content from for licensing purposes. The most common form of business practice at this time is for media content archives to select content from Contributors to license on an exclusive basis, allowing the Contributor to submit other dissimilar images, footage or other digital media content to other content libraries or market on their own. This is different than representing a photographer, videographer or other digital media producer and all his or her content on an exclusive basis. This agreement is not one of agent and principal, but one where the Contributor licenses rights under copyright that the archive can subsequently license to its clients. Digital media content can be distributed and licensed under different business models, typically referred to as rights managed, royalty free (or broad rights) or subscription basis. Contributors may elect the manner in which the content is licensed or leave it to the company's discretion.

Licensing Contract

Licensing images, footage or other digital media content on a royalty free basis still requires license terms, as the use is not unrestricted. Royalty free is generally understood as the licensing of an image, footage or other digital content without need to account for the number of uses and the period of use is unlimited, provided that all uses are considered permitted. Royalty free content is sold as a single image, video clip or other media content file that you can download on demand, ala carte over the Cutcaster web site.

Model Release

The form release is a release for adults with an optional signature line for a guardian in the case of minor models and one for property. With respect to releases for children, it should be noted that each state has a different age of majority. The law of majority in the state of the child's residence determines if the child qualifies to sign the adult release. In the event the child does not qualify to sign the adult release the legal guardian, whether it be parent or otherwise, must sign the release.

Many photographers and videographers will attach a copy of the model's driver license to the release. It identifies the model, signature and date of birth in the event there is ever a claim that the model did not sign the release.

For stock photography and footage purposes, no writings or additions should be made to the form. No oral restrictions should be agreed to between the photographer or videographer and model. A photographer or videographer should be clear when shooting a model for stock, that the uses are broad and the model will not have a right to approve any use.

Exclusive/Non-Exclusive-Contract

Please choose whether you want to allow Cutcaster the right to offer your Content on an exclusive basis on the Cutcaster website. If you grant Cutcaster with the exclusive rights, you will receive 50% of the selling price for each piece of content you sell (exclusive royalty rate). If you do not want to grant Cutcaster with the exclusive rights, you will receive 40% of the selling price for each piece of content you sell (non-exclusive royalty rate). Exclusive means you haven’t sold the content on any other stock related site other than your own. If you have questions, please ask.

Privacy Policy

Propery Release

The question often arises as to whether or not an animal has a right of privacy or publicity, and if so is a release required. The law regarding right of privacy and publicity actions apply only to persons as they are written. A question arises with a celebrity animal such as Rin Tin Tin. In this instance, the owner may have a property right to the animal which would prohibit unauthorized exploitation of the animal's image. These protections are not founded upon rights of privacy but are covered by the law of copyright, trademark, unfair competition, etc. It is advisable, therefore, when licensing the use of photography or video footage of a famous animal for commercials to obtain a release from the owner of the animal to avoid being sued under other areas of the law.

Along the same lines, buildings and other personal property such as cars, not being human, do not have a "right to privacy" or a "right of publicity". However, certain buildings and property may be so well recognized that the owner may have a property interest in the building. That is, if the building identifies the owner, the owner's right of privacy or right of publicity might be violated. This may prevent others from exploiting images or video footage for commercial gain without the owner's permission. Generally under the law of trademark, unfair competition, and privacy, the use of a building or a backdrop will not violate anyone's property interest absent any particular identity. Advertisers typically request property releases for building so property released images or video footage have greater commercial value.

If a photograph or piece of video footage of a famous building that are associated with the owner are to be used for commercial purposes, it may be advisable to require the client to obtain a release. It is unclear under the law whether one must obtain a new release from a new owner of a building if the building is sold after the original release is obtained. Since the property right belongs to the person and not to the building, a new release would be recommended.

User Agreement