Image Licensing

Pretty much all images on this website, from both the portfolio and photo archive sections, can be licensed for any personal, business or commercial purposes.

Clients have included big corporations like Apple, book publishers like Scholastic, international press publications like Time and Spiegel magazines and plenty more.

How to find the images you need

In the archives, search by entering keywords into the search tool. Please note that not all the images in my archive are searchable. If you haven’t found exactly what you are looking for please get in touch; I may have more images from the series.

What license do I need?

In order to use one of my images you need a license (unlicensed use constitutes copyright infringement). With a license you do not own the file, but you have the right to use it. The license only covers a specific use. Any additional usage requires the purchase of an additional license.

Prices

The price will depend on how, where and for how long you intend to use the image, factors like media, size, duration, placement, geographic distribution, exclusivity, etc.

Royalty-free licensing of my images is not available.

Please get in touch with the reference of the image(s) you widh to use and the details of the planned usage.

Uses

You can license my images for advertising, marketing, apps, websites, social media, TV and film, presentations, newspapers, magazines and books, advertising, and product packaging, among many other uses.

Commercial use means that an image is used to sell a product, promote something or raise money for a cause. This includes use in advertising, marketing, promotion, packaging, publication covers, advertorials and consumer or merchandising products.

Editorial use is when an image or clip is used to illustrate a newsworthy article, a critique or an educational text. Examples include newspapers, magazines, editorial broadcasts, non-commercial websites, blogs and social media posts illustrating matters of public interest. Commercial, promotional, advertorial or endorsement purposes are not covered by editorial usage licenses.

When available you may download a low resolution (500px wide) and watermarked version of the chosen image for internal testing purposes only.

Legal guarantees

Unless otherwise stated these images are provided “as is”, i.e. without any model or property release, nor legal guarantee. They are provided without representation, warranty or condition of any kind, either express or implied, or fitness for a particular purpose.

It is up to you, the user, to ensure that your use of the image does not infringe on any copyright, moral right, trademark or other intellectual property right or violate any right of privacy or publicity.

Indemnification by you

You agree to defend, indemnify and hold me, David Brabyn, harmless from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any use of the licensed image(s).

Alterations

Alterations of the images are allowed unless otherwise stated. Images for editorial use may be cropped or otherwise edited for technical quality provided that the editorial integrity of the content is not compromised. Please note that you are solely responsible for any edits made to the image(s).

Restricted uses

You may not use any image in a way that places any person depicted in the image in a way that a reasonable person would find offensive, including, but not only, defamatory, pornographic or otherwise unlawful manner.

An image license request can be refused without justification.

Copyright

Unless otherwise stated I retain full ownership of the copyright and moral rights to the licensed image(s).

These images are protected by US copyright law. Statutory damages for cpyright infringement are usually between $750 and $30,000 per work, as determined by the court. However, the damage amount can be increased up to $150,000 per work if the infringement is found to be willful (intentional).

Photo Credit

You are not required to include a photo credit for commercial use, but if you are using content for editorial purposes, you must include the following credit adjacent to the content or in a credits section: “David Brabyn”.

Electronic Storage / Image Metadata

You agree to retain the copyright notice and image identification reference which appear in the image file including copyright information, and to maintain appropriate security to protect the content from unauthorized use by third parties. You may make one copy of the content for back-up purposes.

Taxes

You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the licensed image.

Refunds / Cancellation

No usage right will be refunded for any reason once the image license agreement has been signed or otherwise finalized or the file has been delivered, whichever comes first.

Prints

High quality prints of my images are available. Please get in touch.

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  • +1 917 267 8492
  • New York City, USA
  • Je parle couramment français.
  • Photojournalist, New York City, USA.
  • All images © 2004-2020 David Brabyn. Please don't steal.
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