This is a Media Use Agreement (“Agreement”) between the owner of the media files (“the Owner”)  and Birds Canada  (“Birds Canada”). 

Key Points

• Media is defined as photographs, videos, graphics, or audio files.
• This Agreement is specific to the media created, produced, owned, and provided by the Owner to be used in Birds Canada print and online publications (including social media).
• The Owner retains copyright to the photographs.
• All usage of photographs by Birds Canada will be credited with the photographer’s name.

1. Scope of Agreement: This Media Use Agreement is for all files (the “media file/s”, which could include photographs or any other image files, video files, audio files, and text files), voluntarily supplied by the Owner to Birds Canada. The Owner furthermore permits Birds Canada to use all media files they provide to Birds Canada in perpetuity. Should the Owner wish to terminate this arrangement, they are aware they need to inform Birds Canada in writing.
2. Ownership: The Owner will retain full ownership, including copyright, of the media, and of all digital files, previews, galleries, and negatives.
3. License for Use of Media: The Owner grants to Birds Canada a royalty-free, license, in perpetuity, to publish and use the media file(s), in print, video, audio recorded productions, and on the World Wide Web for non-profit/educational purposes, such as publicizing programs or other lawful purposes without payment or any other consideration.  In addition, this license: 
   1. Has use limitations: Birds Canada will not release the media to a commercial entity (unless media owner opts-in to this below).
   2. Is not exclusive: This agreement in no way prohibits the Owner from providing the media file(s) to others for their use, or prohibits the Owner from using the media file(s) for the Owner’s own purposes.
   3. Aligns with Creative Commons Attribution 4.0 International (CC BY 4.0).
4. Examples of use: Birds Canada may use the materials in BirdWatch Canada magazine, Birds Canada annual calendar, Birds Canada websites (including birdscanada.org, oiseauxcanada.org, naturecounts.ca, motus.org), The Warblers podcast, Birds Canada Learning Management System, infographics, newsletters, educational videos, printed pamphlets, direct mail, educational presentations, email communications, and social media, including platforms such as Facebook, Twitter, Instagram, LinkedIn, and YouTube.
5. The Owner warrants that:
   1. The Owner is the sole author and sole owner of the copyright for the media file(s).
   2. The media file(s) is an original work (are original works), and not copied from another work.
   3. The media does not violate, infringe, or misappropriate any copyright, trade name, or other common law or statutory intellectual property right of a third party.
6. Limitation of Liability: The Owner agrees to release, discharge, and to hold harmless Birds Canada, its representatives, assigns, employees, and agents, from any liability as a result of the publication or distribution of the media file(s), in whole or in part.
7. Editing of media: The Owner agrees to allow Birds Canada to modify the media file(s) in any way for its purposes, at Birds Canada’s discretion, including but not limited to cropping or inverting of photos, changing aspect ratio for presentation, and shortening video clips.  
8. Attribution:  Birds Canada agrees to credit the Owner by including the Owner’s name as indicated herein, adjacent to the published media file. The Owner’s name to be credited shall appear as instructed in this agreement.
9. Age of majority: Persons who are not 18 years of age or older must have consent of a parent or guardian to submit their media.