It is important that your users understand the ownership of anything they download from the library as well as how those assets can be used and any credit that is due. Equally important is that anyone uploading to your library is clear on the ownership of those assets in the transfer process. Image Relay provides two areas where you can make this information clear to your users. 

Please note that the example terms below are only meant to be examples and do not constitute a binding legal contract or legal advice. Before using any terms of use or upload agreements for your users please consult with your attorney to ensure that any language is appropriate and legally binding for your organization and in your location. 

Terms and Conditions of Use

Your organization's Terms and Conditions of Use will outline the proper legal use of Image Relay, what users are agreeing to when they log in, and who owns the assets within the system. This can be set to display the first time users login, every-time they login, or when the Terms and Conditions are changed. You can work with your legal team to create the appropriate language; there’s a good chance this language already exists in other parts of the organization. You can find this setting under Admin > Account Settings > Terms and Conditions. 

Example: 

COMPANY offers this library of digital assets for download and use at your own risk. You are solely responsible for the consequences of any use you choose to make of the assets you download from this library, and for any changes that you make to the files.

You agree to use the files in accordance with all copyright and other proprietary notices found within this library. You also agree not to use the information and materials in the files in any way that is knowingly false, defamatory, inaccurate, abusive, vulgar, harassing, obscene, profane, threatening, invasive of a person's privacy, or otherwise in violation of any law.

The files are the sole property of COMPANY and are provided 'as is' without warranty of any kind, whether express or implied. All implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non- infringement, are hereby expressly disclaimed. Images downloaded are for the sole intended use of advertising or promoting COMPANY products and services only, and may not be used for any other express purpose. 

Upload Agreement

When users upload assets to your Image Relay library, you will want to make sure it's clear what the legal ownership of these assets is. Will the uploader maintain ownership, or will you become the owner of the asset? These are questions to explore with your legal team, and to discuss with your photographers, designers and anyone else who will be uploading content to your Image Relay library. You can find the area to fill this out under Admin > Account Setting's > Customize Portal

Example: 

This Upload Agreement applies if you submit or upload any digital assets (“Content”), which includes but is not limited to photographs, illustrations, templates, videos, images, documents, or other pictorial or graphic work. Unless otherwise covered by existing written contract, by uploading Content, you hereby grant to COMPANY an exclusive, worldwide, irrevocable, perpetual, and transferable license to use the uploaded Content for any purpose the COMPANY deems, in its sole discretion, to be fit.

You are responsible for ensuring that have the right to submit Content in accordance with this Upload Agreement. By submitting Content, you agree to indemnify, defend, and hold harmless COMPANY, its respective subsidiaries, affiliates, directors, officers, employees, attorneys, agents, and representatives, from any and all third party liability for any injuries, losses, claims, actions, demands, or damages of any kind arising from or in connection with the Content, including, without limitation, any third party claim for copyright infringement or a violation of an individual’s right to privacy and/or publicity right. 

Next Step: Folder Organization

Did this answer your question?