Buyout

Buyout refers to the common practice in the creative and modeling industry of acquiring the rights to use images or videos of models. Just because the client has organized a shoot and paid all participants adequately does not automatically mean that they own the rights to the resulting material. The assignment of those image rights is regulated by the buyout clause in the booking confirmation or in the corresponding contract.

A buyout is not a blank check that allows the use of photos and videos in any way. The conditions are precisely defined in the buyout contract, and the rights of use are usually adjusted with regard to the following points:

• Time period: How long the client may use the material.
• Countries: In which countries the client may publish the material.
• Media: In which media environments may the client present the resulting photos or videos.

A buyout is not valid indefinitely. Its actual duration is determined by contract. It is possible to subsequently extend the rights of use with regard to the period and type of use. For example, if a client wants to extend a well-running advertising campaign and use well-known advertising material that is popular with customers, this is possible by extending the model buyout. Provided both sides agree on the conditions.

Who controls a buyout?

The agency representing the model is responsible for monitoring the agreed terms of use. In this way, the model can concentrate fully on her work, while the agency takes care of the administrative matters and manages the image rights in the background.

How is a buyout calculated?

The costs of a buyout depend heavily on the intended use, but are generally based on a percentage of the respective daily fee. In the case of cinema commercials, a 100 percent buyout is added to the normal artist fee. If an artist earns a daily fee of 1,000 euros, there is an additional 1,000 euros for the buyout.

How does a buyout differ from other license models?

In contrast to other licensing models, where certain rights are licensed for a limited period or purpose, a buyout offers complete and permanent control over the material.

Why do companies opt for a buyout?

Companies choose a buyout to ensure that they have unrestricted and exclusive control over the acquired material. This offers flexibility and freedom of use.

Can creatives use their material elsewhere after a buyout?

As a rule, no. After a buyout, all rights are transferred to the purchasing company and the creative loses the right to use the material elsewhere.