3. Ownership Rights Section
(a) Volunteer understands and agrees that Capturing Hopes shall have all rights and title to all photographs acquired, gathered, produced or developed by Volunteer relating to or in connection with the Services provided under this Agreement (any and all of which are collectively referred to herein as the “Work Product”), and hereby assigns any and all rights Volunteer has in the Work Product to Capturing Hopes.
(b) Notwithstanding the foregoing, Volunteer shall have all rights and title to use the Work Product as part of Volunteer’s photography portfolio, in Volunteer’s printed and online marketing materials, and on Volunteer’s website and social media pages and platforms, so long as (i) the Recipient gives permission for use of the Work Product for marketing, social media, and promotional purposes, and (ii) Capturing Hopes receives attribution on any of Volunteer’s use of the Work Product. Volunteer shall not enter the Work Product in any contests, without prior written permission of both the Recipient and the Capturing Hopes marketing team. This applies to all NICU photos captured by Volunteer during his or her service with Capturing Hopes. In the event both Recipient and Capturing Hopes give permission for Volunteer to share Work Product in a contest, on social media, or in the news media, Capturing Hopes must receive attribution on such use of the Work Product.
(c) If the Recipient gives permission to use the Work Product for marketing, social media, and promotional purposes, Volunteer shall provide sneak peeks of the Work Product for the Capturing Hopes social media pages within 72 hours of Recipient’s photo session. Capturing Hopes has the right to edit the Work Product, limited to the addition of words or logos to photos, resizing, or compilation of photos in promotional photo collages. Capturing Hopes will not otherwise change the Work Product without written permission from the Volunteer.
(d) Capturing Hopes agrees to provide Recipients, at no charge to Recipients, a limited license to download, copy and print all edited Work Product.
(e) Volunteer shall keep a copy of the Work Product for at least one year after providing it to Recipients for the sole purpose of providing additional copies thereof to Recipients upon their request and as a back-up in case the Work Product is lost or damaged during delivery to Recipient.