IMAGE & VIDEO LICENSING TERMS

Commissioning photography or video does not normally require the Client to acquire the copyright itself.

Instead, the Client receives a licence allowing the final Deliverables to be used for agreed commercial, professional or personal purposes while copyright remains with the creator.

The exact licence may be defined in the Quote, Project Agreement or a separate project-specific licence schedule.

Where a project-specific licence is agreed, that licence takes priority over these general Licensing Terms.

Anna Voloshyna Photography is the trading name of:

Legal name: Anna Voloshyna Photography
Legal form: Eenmanszaak
Registered address: Rennemigstraat 60, 6413BV Heerlen

Chamber of Commerce (KVK): 97909386
VAT number: NL005295653B49
Email: anna@voloshyna.com
Website: voloshyna.com

In these Licensing Terms, “Voloshyna”, “we”, “us” and “our” refer to the business identified above.

For these Licensing Terms:

Agreement means the complete agreement between Voloshyna and the Client, including the accepted Quote or Project Agreement, the Terms & Conditions, these Licensing Terms and any project-specific usage schedule.

Business Client means a person or organisation acting for purposes connected with a trade, business, profession or commercial activity.

Client means the person or organisation receiving rights under the applicable Agreement.

Consumer means a natural person acting primarily outside their trade, business, craft or profession.

Deliverables means the final photographs, videos and other agreed visual materials supplied by Voloshyna under a Project.

End Client means a third-party business or organisation for whose benefit a Project is commissioned by an agency, designer, production company or other intermediary and which is expressly identified in the Agreement.

Licence means permission to use Deliverables within the scope defined by the Agreement without transferring ownership of copyright.

Paid Media means advertising for which media placement, distribution, sponsorship, boosting or promotion is purchased, including paid social advertising, sponsored content, display advertising, digital advertising, print advertising, outdoor advertising, cinema or broadcast advertising.

Project means the photography, video or content-production assignment identified in the Quote or Project Agreement.

Service Provider means a designer, printer, website developer, advertising agency, social-media agency, hosting provider, post-production supplier or similar contractor working for the Client solely for the purpose of implementing an authorised use.

Usage Schedule means any project-specific statement defining permitted media, territory, duration, advertising, exclusivity, third-party use or other licence conditions.

4.1. These Licensing Terms apply only to Deliverables supplied under an Agreement with Voloshyna.

4.2. They do not grant the general public permission to use photographs, videos or other content appearing on voloshyna.com, social-media accounts, portfolio platforms, case studies or other public channels.

4.3. Viewing, accessing, downloading, embedding or technically obtaining a copy of visual material does not by itself create a licence.

4.4. Rights relating to commissioned Deliverables are determined according to the order of priority stated in the Terms & Conditions.

4.5. A project-specific Usage Schedule may expand, restrict or otherwise modify the general rights described below.

5.1. Unless copyright is expressly transferred in a separate written agreement satisfying applicable legal requirements, copyright in Deliverables created by Voloshyna remains with Voloshyna.

5.2. Payment for photography, video production, editing, retouching or other Services does not itself transfer copyright.

5.3. A Licence gives the Client permission to use Deliverables. It does not make the Client the copyright owner.

5.4. RAW photographs, source video, unedited footage, project files, layered editing files, rejected material, test images and other working materials are not licensed or delivered unless expressly included in the Agreement.

5.5. Where a Deliverable incorporates material owned by another rights holder, the rights in that material remain subject to the applicable third-party licence.

Unless the Quote or Usage Schedule states otherwise, a Business Client receiving final Deliverables receives the Standard Business Licence described below.

The Standard Business Licence is:

• non-exclusive;

• worldwide;

• granted for the duration of copyright, subject to these Licensing Terms;

• limited to the Client's own business, products, services, brand and organisational communication.

It does not transfer copyright and does not prevent Voloshyna from licensing or using the work elsewhere, subject to confidentiality, portrait rights, exclusivity arrangements and other applicable restrictions.

The Standard Business Licence permits the Client to use Deliverables on digital channels owned, operated or controlled on behalf of the Client, including:

• company websites;

• ecommerce websites;

• landing pages;

• blogs;

• organic social-media accounts;

• company profiles;

• email newsletters;

• digital catalogues;

• online portfolios;

• company apps;

• careers and recruitment pages;

• internal digital communication;

• presentations and proposals.

Ordinary technical publication through hosting providers, content-management systems and social-media platforms is permitted.

The Standard Business Licence permits Deliverables to be used to present and sell the Client's own products or services through ecommerce and ordinary product-listing channels.

This may include the Client's webshop and product listings on marketplaces, distributors' websites, retailers' ecommerce pages and wholesale portals.

A retailer, distributor or marketplace may receive files only to the extent reasonably necessary to display or sell the Client's products.

This does not permit the retailer, distributor or marketplace to use the Deliverables independently in its own advertising campaign, brand campaign, merchandising or unrelated commercial communication.

Such use requires additional permission unless expressly included in the Usage Schedule.

The Standard Business Licence permits ordinary use in the Client's own business materials, including:

• brochures;

• catalogues;

• lookbooks;

• menus;

• product sheets;

• company reports;

• sales presentations;

• trade-fair materials;

• proposals;

• internal publications;

• recruitment materials;

• press kits;

• ordinary promotional print distributed by the Client.

This does not automatically include paid advertising placements, product packaging, merchandise or products incorporating the Deliverables for sale.

The Client may supply Deliverables to journalists, publishers, event organisers, professional associations and similar parties for genuine editorial or public-relations coverage concerning the Client, its products, employees, services or Project.

The receiving party may use the Deliverables for that specific editorial or PR purpose but receives no independent commercial licence.

Use in paid advertorials, sponsored editorial content or unrelated publications may require an additional Licence.

The Standard Business Licence permits reasonable internal use, including:

• internal presentations;

• employee communication;

• training materials;

• company reports;

• intranet pages;

• internal archives;

• board or investor presentations;

• internal brand and marketing documentation.

Confidential internal copies may be retained after a public-facing Licence expires where retention is required for legitimate records or archives, but they may not be used to continue an expired external campaign.

Unless expressly stated in the Quote or Usage Schedule, the Standard Business Licence does not include:

• paid advertising;

• sponsored or boosted social-media campaigns;

• out-of-home or digital-out-of-home advertising;

• billboards;

• cinema advertising;

• television advertising;

• broadcast campaigns;

• advertising purchased in newspapers, magazines or other publications;

• product packaging or labels where the Deliverable forms part of the commercial packaging design;

• merchandise or products incorporating the Deliverable for resale;

• third-party brand campaigns;

• retailer or distributor advertising campaigns independent of ordinary product listings;

• stock-image or stock-video distribution;

• template, asset-library or downloadable-content distribution;

• NFT or comparable tokenised commercial exploitation;

• use by unrelated businesses;

• use for another client's project;

• artificial-intelligence training or model development;

• exclusive use;

transfer of copyright.

These uses may be licensed separately.

Paid Media requires an express licence.

Where Paid Media is required, the Usage Schedule should identify the relevant advertising channels and, where appropriate:

• the campaign or product;

• media type;

• territory;

• duration;

• estimated scale;

• advertising platforms;

• whether third-party agencies are involved.

A Paid Advertising Licence may cover, for example, paid social media, digital display, search or shopping campaigns, print advertising, outdoor advertising, cinema, broadcast or sponsored content.

The Client must not assume that advertising rights are included merely because a Deliverable is suitable for advertising.

Use of Deliverables on packaging, labels, commercial merchandise, books, posters, calendars, clothing, consumer products or other goods offered for sale requires express permission unless the Quote states that such use is included.

Ordinary use of an ecommerce photograph to illustrate the packaging of another product is not automatically permitted.

Mock-ups created solely for internal review do not constitute public commercial use.

16.1. Where an agency, designer, production company or other intermediary commissions a Project, the applicable Quote should identify whether the Licence is granted to:

• the commissioning agency;

• a named End Client; or

• both parties for specified purposes.

16.2. If an End Client is expressly named as the beneficiary of the Project, the intermediary may receive, store, adapt and distribute Deliverables only as reasonably necessary to provide services to that End Client.

16.3. The intermediary does not acquire an unrestricted right to use the Deliverables for unrelated clients, agency templates, stock libraries, credentials, advertising or resale.

16.4. If no End Client is identified, no rights are automatically granted to an unidentified future client of the agency.

16.5. Agency portfolio or case-study use should be agreed separately where it is not already apparent from the Project.

The Client may provide Deliverables to Service Providers where this is reasonably necessary to exercise an authorised use.

For example, files may be supplied to:

• website developers;

• design agencies;

• printers;

• media agencies;

• social-media agencies;

• retouchers expressly approved for permitted adaptations;

• hosting providers;

• publishers preparing Client materials.

The Service Provider receives no independent right to use the Deliverables for its own benefit.

The Client should ensure that Service Providers use the files only for the Client's authorised purposes.

The Client may upload Deliverables to platforms reasonably necessary for an authorised use.

The Client may grant the technical platform permissions reasonably required by the platform's standard terms to host, reproduce, resize, transmit or display the Deliverable for that purpose.

This does not give the Client permission to deliberately grant a platform or third party wider commercial exploitation rights unrelated to the Client's authorised use.

A Licence is granted to the named Client only.

Parent companies, subsidiaries, franchisees, licensees, distributors, joint ventures, strategic partners and other affiliated organisations do not automatically receive independent usage rights merely because they are commercially connected with the Client.

Where a Project is intended for use throughout a corporate group or distribution network, the relevant organisations or categories of organisation should be identified in the Usage Schedule.

Unless otherwise agreed, a Consumer commissioning photography or video for private purposes receives a non-exclusive, worldwide and continuing personal-use Licence after full payment.

The Consumer may:

• download and store the Deliverables;

• make personal backup copies;

• share them privately with family and friends;

• make prints for personal display;

• use them on personal social-media profiles;

• use them in personal announcements, invitations or similar non-commercial communication.

The Personal-Use Licence does not permit use:

• to advertise a business;

• on a commercial website;

• on a professional service page;

• in sponsored social-media content;

• in paid promotions;

• for influencer or affiliate campaigns;

• on products offered for sale;

• for commercial publication;

• by an employer or other business.

A Consumer who later wishes to use Deliverables professionally or commercially should request a Business Licence.

Unless the Agreement states otherwise, the Client may make reasonable technical adaptations necessary for an authorised use.

These may include:

• resizing;

• proportionate cropping;

• format conversion;

• compression;

• colour-space conversion;

• placing text or graphic design around an image;

• adding the Client's logo;

• preparing different aspect ratios;

• creating website thumbnails;

• adding subtitles or captions to video;

• creating reasonable shorter versions of supplied video for authorised channels where this does not materially change its meaning.

Such adaptations must not materially distort the work or create a misleading representation.

The following require prior written agreement where they materially alter the Deliverable:

• substantial recolouring;

• heavy filtering;

• replacement of major visual elements;

• compositing with unrelated imagery;

• removing or adding people;

• changing products or product characteristics;

• changing body shape or facial characteristics;

• altering a photograph so that it represents an event or situation that did not occur;

• substantially re-editing a completed video;

• changing dialogue or context in a misleading manner;

• creating materially different derivative visual works.

Voloshyna may approve reasonable alterations requested for a genuine campaign or design requirement.

Routine commercial use does not require a visible photographer credit unless the Quote, Usage Schedule or particular publication expressly requires one.

Where legally permitted, Voloshyna consents to omission of attribution in ordinary commercial use.

Where a credit is included, the recommended credit is:

Anna Voloshyna Photography

or another credit expressly agreed for the Project.

No person may falsely claim authorship of the Deliverables or attribute them to another photographer or creator.

Nothing in the Licence permits distortion, mutilation or other treatment that unlawfully infringes the creator's applicable moral rights.

Except to the extent that a mandatory legal exception applies and cannot validly be reserved against, Voloshyna expressly reserves rights in the Deliverables for text and data mining and artificial-intelligence training.

The Client may not knowingly use or provide Deliverables:

• to train a generative-AI model;

• to fine-tune a model;

• to create a training dataset;

• to build an image, video, facial or style dataset;

• for machine-learning model development;

• for commercial model benchmarking where copies are incorporated into the benchmark dataset;

• to enable another party to perform such activities.

This reservation applies to both commissioned Deliverables and visual works made publicly available by Voloshyna.

The previous clause does not prohibit ordinary use of software containing AI-assisted editing features where the software is used merely as a technical production tool and does not obtain rights to train a general model on the Deliverables.

Examples may include controlled denoising, masking, transcription, resizing, background processing or similar technical functions.

The Client is responsible for reviewing the provider's applicable terms, confidentiality arrangements and data-use practices before uploading Deliverables, particularly where identifiable people or confidential products are shown.

The Client may not use a Deliverable to create:

• deepfakes;

• synthetic representations of photographed people;

• AI-generated impersonations;

• materially altered statements or actions;

• false product characteristics;

• misleading documentary representations;

• AI-generated derivatives closely based on the delivered visual work;

without prior written permission.

No Licence permits use of a person's image or voice to imply that they performed an action, made a statement or endorsed a product, political position or organisation when they did not.

A copyright Licence does not remove or replace the rights of identifiable people appearing in photographs or video.

The Client must use Deliverables containing identifiable people only in a way that is consistent with:

• the agreed Project;

• applicable model or participant permissions;

• privacy and data-protection requirements;

• applicable portrait rights;

• employment-related permissions or notices;

• any restrictions communicated before or during the Project.

The Client should request clarification before materially expanding the use of photographs or video containing identifiable individuals.

Deliverables containing identifiable people must not be used in a context that falsely or unreasonably implies sensitive personal information, behaviour or endorsement.

Without appropriate prior permission, this includes use suggesting that a depicted person:

• has a medical or mental-health condition;

• has committed a criminal offence;

• uses a particular pharmaceutical or medical treatment;

• holds a particular political or religious belief;

• participates in sexual or adult activity;

• uses tobacco, nicotine, gambling or similar age-restricted products;

• endorses a controversial cause, political campaign or organisation;

• possesses another sensitive characteristic that is not apparent from the original Project.

Additional consent or other legal grounds may be required for such uses.

Where professional models, actors, voice artists or other participants are engaged, their releases or agency agreements may contain separate limits concerning:

• media;

• territory;

• duration;

• product category;

• competitors;

• advertising;

• exclusivity.

Those restrictions form part of the permitted usage and take priority where they are narrower than the general Client Licence.

An extension of Voloshyna's copyright Licence does not automatically extend a model's or performer's usage permission.

Video or other Deliverables may contain music, sound recordings, fonts, graphics, stock materials or other third-party elements licensed for a particular Project.

Those elements remain subject to their respective licences.

Where a third-party licence restricts:

• platforms;

• territory;

• advertising;

• duration;

• broadcast use;

• modification;

• redistribution;

the Client must comply with those restrictions.

A request to expand use may therefore require both an additional Voloshyna Licence and additional third-party permissions

The Licence covers Voloshyna's rights in the Deliverables.

It does not represent that Voloshyna owns rights in the Client's products, trademarks, packaging, architecture, artwork or other third-party elements photographed during the Project.

Rights relating to Client-supplied material remain governed by the Terms & Conditions and applicable law.

The Client may not sell, license, sublicense, donate or distribute Deliverables as standalone visual assets unless expressly authorised.

In particular, Deliverables may not be placed into:

• stock-photo libraries;

• stock-video libraries;

• template marketplaces;

• digital-asset libraries available to unrelated users;

• downloadable media collections;

• AI training datasets;

• print-on-demand libraries;

• asset-resale platforms.

This restriction does not prevent authorised distribution to Service Providers, marketplaces, retailers or press contacts as expressly permitted by these Licensing Terms.

Deliverables must not be used in a way that falsely implies that Voloshyna or a person appearing in the Deliverables endorses a third-party business, product, organisation, political position or cause.

Unless expressly agreed in writing, the Client may not register a Deliverable itself, or a substantially unchanged portion of it, as:

• a trademark;

• a design right;

• a logo;

• a copyrighted work claimed to have been created by the Client;

• another exclusive intellectual-property right that would interfere with Voloshyna's ownership or permitted reuse.

This does not prevent registration of a wider brand or packaging design containing a Deliverable where the registration does not purport to transfer or monopolise Voloshyna's underlying copyright.

The Client must not deliberately remove a visible copyright notice or watermark from a proof, preview or Deliverable where that notice was intended to remain.

Ordinary loss of metadata caused automatically by websites, social-media platforms, image optimisation or file conversion is not considered a breach.

Watermarked preview material must not be published commercially unless expressly authorised.

The Client may request additional rights at any time.

Possible extensions include:

• Paid Media;

• additional territories;

• additional campaign periods;

• packaging;

• merchandise;

• retailer advertising;

• distribution networks;

• additional companies;

• new End Clients;

• broadcast;

• cinema;

• outdoor advertising;

• exclusive use.

An extension may require an additional licence fee.

No Licence is exclusive unless exclusivity is expressly agreed in writing.

An exclusive Licence should identify at minimum:

• the Deliverables concerned;

• the exclusive use;

• territory;

• duration;

• product or industry category where relevant;

• permitted media;

• any rights retained by Voloshyna.

Exclusivity should not be assumed from the fact that photography or video was commissioned specifically for the Client.

Transfer of copyright is separate from licensing and is not included in ordinary photography or video fees.

Any copyright assignment must be expressly agreed in a separate written instrument satisfying applicable legal requirements.

The assignment should identify exactly which rights and Deliverables are transferred.

Unless an assignment expressly states otherwise, rights not transferred remain with Voloshyna.

Applicable moral rights and other rights that cannot legally be transferred or waived remain unaffected.

A Licence should not be interpreted as automatically granting materially new forms of commercial exploitation that were neither expressly stated nor reasonably contemplated when the Agreement was concluded.

New technologies that merely replace an existing authorised delivery mechanism may fall within the existing Licence where their commercial purpose is substantially equivalent.

New exploitation models such as AI-model training, synthetic media generation, virtual merchandise or other fundamentally different commercial uses require separate consideration unless expressly included.

The Standard Business Licence and Personal-Use Licence continue for the duration stated in these Licensing Terms unless:

• a different duration is stated in the Usage Schedule;

• the Licence is validly terminated because of a material breach; or

• applicable third-party rights expire earlier.

Advertising, model, music, exclusive and other specialist rights may have shorter terms.

Where a Licence is time-limited, new public or commercial use must stop when the Licence expires.

Paid advertising must be paused or removed when the corresponding advertising period ends.

Unless otherwise agreed, historical organic social-media posts, legitimate press archives and internal archival records created lawfully during the Licence period do not need to be deleted merely because the active campaign period has ended.

They may not be reposted, boosted, republished or reused for a new campaign after expiry without an applicable Licence.

The Client may not transfer the Licence separately to another person or business without prior written permission.

If the Client undergoes a merger, acquisition or genuine transfer of substantially the entire business associated with the Project, the parties may agree that the Licence continues with the legal successor.

The Client should notify Voloshyna where such a transfer materially affects the licensed use.

Use beyond the agreed media, Client, End Client, territory, duration or commercial purpose is outside the Licence.

Where additional use is required, the Client should request an extension before commencing that use.

Voloshyna will normally seek to resolve an inadvertent scope issue commercially where an appropriate additional Licence can reasonably be agreed.

A material breach may include:

• unauthorised resale;

• stock-library distribution;

• deliberate commercial sublicensing;

• deliberate AI training;

• material use outside an exclusive or advertising scope;

• false attribution;

• continued commercial use after clear notice that the Licence has expired;

• other substantial infringement of the agreed rights.

Where the breach is capable of remedy, Voloshyna may require the Client to stop the unauthorised use and provide a reasonable opportunity to correct the breach.

Serious or deliberate infringements may justify immediate suspension of the affected Licence to the extent permitted by law.

Where Deliverables have been used outside the agreed Licence, Voloshyna may require:

• cessation of the unauthorised use;

• an appropriate additional Licence;

• payment of a reasonable additional licence fee reflecting the actual use;

• removal of unauthorised material where appropriate;

• other remedies available under the Agreement or applicable copyright law.

Nothing in these Licensing Terms creates a punitive contractual penalty or limits remedies available under applicable law.

The Client Licence concerns the Client's use of Deliverables.

Voloshyna's own portfolio, case-study, social-media, award, exhibition and promotional use is governed separately by the Terms & Conditions and by applicable confidentiality, privacy, data-protection and portrait-right requirements.

A Client should notify Voloshyna before confirmation where:

• the Project is confidential;

• the Client identity must remain confidential;

• products are unreleased;

• an embargo applies;

• particular Deliverables must not be publicly shown.

Private Consumer photography will not be treated as automatically available for portfolio use merely because the Services were commissioned.

The fee for the Standard Business Licence or Personal-Use Licence may be incorporated into the Project fee unless separately identified.

Extended, advertising, exclusive, third-party or other specialist usage may carry an additional fee.

Where usage materially changes after the Project has been quoted, the Licence and Project price may be adjusted accordingly.

Rights not expressly granted by the Agreement remain reserved.

Silence concerning a particular use must not be interpreted as a transfer of copyright or as unlimited permission to commercially exploit the Deliverables.

Nothing in these Licensing Terms excludes or restricts rights or obligations that cannot lawfully be excluded or restricted.

For Consumers, mandatory Dutch and EU consumer rights remain unaffected.

The governing law, jurisdiction, liability, dispute-resolution and other general contractual provisions stated in the Anna Voloshyna Photography Terms & Conditions also apply to these Licensing Terms.

Voloshyna may update these general Licensing Terms for future Projects.

The version supplied or made available when an Agreement is concluded normally governs that Project.

A later website update does not automatically reduce or change rights already validly granted under an existing Licence.

Questions about an existing Licence or requests for extended usage may be sent to:

Anna Voloshyna Photography
anna@voloshyna.com

KVK: 97909386
VAT: NL005295653B49

Rennemigstraat 60, 6413BV, Heerlen

Default where a Business Quote does not specify another Licence.

Non-exclusive, worldwide and continuing use for the Client's own website, ecommerce, organic social media, email, PR, company communication, ordinary print materials, marketplaces, retailer product listings and internal use.

Does not include Paid Media, packaging, merchandise, independent third-party campaigns, stock distribution, AI training or exclusivity.

For paid social, digital advertising, sponsored campaigns, print advertising, outdoor advertising, cinema, broadcast or other purchased media.

The Quote should specify relevant media, territory and campaign duration.

For product packaging, labels, commercial merchandise or other products where a Deliverable becomes part of an item offered for sale.

For independent use by distributors, retailers, franchisees, licensees, corporate-group companies or other commercial partners beyond ordinary product listings.

For agreed exclusive use within specifically defined media, territory, duration, industry or product category.

Must be agreed expressly in writing.

A separate transaction transferring identified copyright rather than merely granting usage.

Requires a separate written agreement satisfying applicable legal formalities.

For private Consumers.

Allows private sharing, personal social media and personal printing but not business, advertising, sponsored or other commercial use.

The following format may be incorporated into Quotes and Project Agreements.