I have a non-profit client that wants to hire me to do a series of on-site profiles of farmers and their farms. What the client wants in terms of licensing is something I don't know the right words for, so I am having trouble researching how we might write the agreement. Here are the parameters:
- The client wants the photos to be freely available to non-commercial entities like schools (CC Non-Commercial, check)
- The client wants to be able to use the photos in multiple media streams
- The client wants to be able to sub-license usage to their partners as needed
- I want to retain copyright and be able to use/resell the photos. The client is fine with that.
- However, the client also specifically states they don't want their competitors using the photos, which puts me in a potentially difficult position about how *I* reuse the photos
- While on site and traveling, I suspect I will get photos I can use but they'd never want
The client is a complete novice at this and I am just a step above. We already tentatively agreed on a day rate with me retaining copyright but that was before discussing the licensing limitations they want; I told them I would investigate the best way to handle this.
One way I have considered is that they pay me the day rate, I grant them non-exclusive license and then a clause that says I will not *knowingly* license photos to potential competitors, but am not liable for mistakes. That strikes me as unsatisfactory, since it prevents any agency agreement or stock photo situation.
The second way I am pondering is eliminating the day rate and proposing they purchase a package of exclusive licenses (with sub-licensing rights) for just the photos they want. I suspect they will not go for this, since the rejected photos may still contain content a competitor can use.
The third way I've considered is Work-For-Hire contract where they own copyright but I have a license to use the photos for self-promotion. I don't want to go this way; I want to retain copyright if at all possible.
Thoughts? Is there a better option?