Photo Licensing Agreement Template

Many people that own a non-stock photo will want to make money by licensing usage rights to other parties. This gives the purchasing individual or business legal rights to use the photo without obtaining intellectual property rights of the image. You can use our professionally written image licensing agreement template (Word, PDF) further down this page. Additionally, you’ll find further information regarding when a photo rights contract will be useful and how to get one written.

What is a Photo Licensing Agreement?

A photography copyright agreement – also known as an image licensing agreement or a photo rights contract – is a legal contract that permits a person or company to use an image owned by another individual. The document will detail what the image is, along with how the other party can use the image and whether they can manipulate the picture. However, the copyright of the image does not transfer to the licensee. Instead, the original owner still has all legal rights to the image. The image use agreement form simply gives the other party legal rights to use the image.

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When Do You Need a Photo License Agreement?

There are several situations in which you might want to use our image licensing agreement template. One major reason is to make an income from any photographs and images that you own. Holding copyright alone will not produce an income for any photos you have taken. However, charging other parties to obtain a photo licensing agreement is one way to make profits from your work without having to give up your exclusive ownership rights. The photography copyright agreement also protects both parties. In fact, not having one in place could have several negative consequences, including the following:

·        No Income for the Owner: Without a photo licensing agreement, the owner will not make any revenue from their photographs. However, being able to sell usage rights to other parties will help the image owner to generate an income for their work. You can charge more for offering exclusive rights to one owner, or less for offering non-exclusive rights to several.

·        Lack of Control: The image copyright owners will not be able to control how the image is used without an image license agreement in place. For example, they wouldn’t be able to control whether their image was used on a website, printed on a flyer, or used on product packaging. Photo license agreements give control over usage to help protect the images.

·        Unable to Use the Image: The licensee cannot legally use the image without an image license agreement in place as it would be classified as a breach of copyright. Any products or marketing efforts using images illegally can be taken down. Even use on a personal blog can result in legal action against the other parties involved.

·        Lack of Exclusive Use: A business can cut costs by using stock photography images rather than paying for a photo rights contract. However, many companies can use these images which can make marketing efforts look less professional. If you’re after exclusive rights to an image, a photography copyright agreement is required.

What Should Be Included in a Photo Licensing Agreement?

You can find everything that should be included in this legal document detailed in our image licensing agreement template. The depth of information needed will depend on the scope of the contract. Still, it should contain information on at least all of the following things:

·        Parties Involved: An image licensing agreement will always contain the legal names and contact information of the person purchasing the rights to the image (the licensee). There also needs to be information on the photo owner (the licensor) that is selling the usage rights.

·        Exclusivity: Photo licensing agreements can be either exclusive or non-exclusive. This needs to be clearly stated on the document. Non-exclusive contracts tend to be more common as it costs less for the licensee and the image owner can continue to sell usage rights to other buyers to make constant revenue.

·        Usage Fees: The price the licensee has to pay to legally be able to use the image is also listed in the legal contract. The cost will depend on the scope of the agreement and will be discussed by both parties before a sale is confirmed.

·        Permissions: This section of our image licensing agreement template details the specific permissible uses of the image. For example, some contracts will allow for unlimited use, meaning the licensee can use the image any way they wish. Others might limit rights to web-based use or state that the photograph can only be used in print.

·        Limitations: This section of the image use agreement form is similar to permissions. The limitations state for which purposes the photo cannot be used. For example, the licensor might only allow the licensee to use the image once in a singular book or article.

·       Timefame: Many photo rights contracts don’t last forever and have an end date or licensing period. The only time in which the licensee can use the image after this date is if the photo licensing agreement is renewed.

Photography License Agreement Sample (Text Version)

This Photo Licensing Agreement (hereinafter -“Agreement”) is entered into ____ (hereinafter -the “Effective Date”) by and between:

Licensor: ___, registered at ____, and 

Licensee: ____, registered at _____, (hereinafter collectively referred to as – the “the Parties”).

RECITALS 

WHEREAS, Licensee wishes to license certain image rights in the Photo images, which the Licensor has created and which is described as follows: 

Number and description of Photo images: ____;

Subject matter: ____;

Form in which Photo images shall be delivered: ____; 

WHEREAS, Licensor, subject to the terms and conditions set forth in this Agreement, wishes to grant the Licensee the license to use the Photo images to Licensee in connection with personal, non-commercial use, for the mutual benefit of Licensor and Licensee on terms of this Agreement. 

NOW, THEREFORE, the Parties agree to the mutual covenants set forth below for good consideration, the receipt and sufficiency of which are hereby acknowledged:

1. LICENSE

1.1 Scope of License. Subject to the terms and conditions set forth in this Agreement, Licensor grants to Licensee a non-exclusive, non-transferable, royalty-free license to use Photo images in connection with personal, non-commercial use. Licensee shall make no other use of the Photo images, except as set forth in this Agreement. 

1.2 Non-Assignment. Licensee acknowledges and agrees that the rights granted to Licensee by and obtained by Licensee as a result of or in connection with this Agreement are license rights only, and nothing contained in this Agreement constitutes or shall be construed to be an assignment of any or all of Licensor’s rights in the Photo images.

1.3 Licensor’s rights. Licensor reserves the right to use the Photo images on his website as well as for his own marketing, commercial and advertising purposes as well as in any other ways, which are not prohibited by the applicable laws. 

2. LICENSOR’S CONTROL

2.1. To protect and preserve Licensor’s rights in the Photo images, Licensee understands, acknowledges, and agrees that:

 (i) before Licensee uses the Photo images, Licensor must approve of all aspects of Licensee’s intended use; and 

(ii) once Lincensee has attained Licensor’s approval, Licensor must review and approve any further alterations, modifications, or changes to Licensee’s intended use.

3. PERMITTED USE UNDER LICENSE 

3.1 Licensee shall only use the Photo images for personal, non-commercial use, subject to the restrictions set out in this Agreement, for the duration of the License term. Personal, non-commercial use means that Licensee may display the Photo image on his personal computer and may print it for personal use. The Licensee also may display the image on his personal websites, so long as it is unaltered and includes a direct link to the Licensor’s website. 

3.2 Licensor retains the right to specify, from time to time, the format in which Licensee shall use and display the Photo images, and Licensee shall only use or display the Photo images in a format approved by Licensor.

3.2 Licensee shall not at any time, whether during or after the term of this Agreement, do or cause to be done any act aimed to challenging, contesting, impairing, invalidating, or tending to impair or invalidate any of Licensor’s rights in the Photo images.

3.3 Licensee acknowledges and agrees that Licensor has, shall retain, and may exercise during the term of this Agreement and thereafter all intellectual property rights and remedies available to Licensor, whether derived from this Agreement, from law, or otherwise, as a result of or in connection with Licensee’s breach of this Agreement, misuse of the Photo images, or any other use of the Photo images by Licensee which is not expressly permitted by this Agreement.

4. WARRANTIES AND REPRESENTATIONS 

4.1 Licensor warrants that he retains all intellectual property rights in Photo images, including the sole copyright to the Photo images. Therefore, Licensor is entitled to grant the license to use Photo images described in this Agreement and confirm that this Agreement does not infringe intellectual property rights of third parties. 

5. TERM AND TERMINATION
   1. The Agreement will expire on ____, unless the Parties decide to renew, or unless terminated for any of the reasons set forth in this Agreement. 
   2. Eeither party may preliminary terminate this Agreement, with or without cause, by delivering written notice of termination to the other party, and, unless a later date is specified in such notice, termination shall be effective ____ days after the date such notice is given.
   3. Notwithstanding the provisions of Section 5.1 of this Agreement, this Agreement and all rights granted hereby, shall automatically terminate without prior written notice from Licensor in the following cases:

1. Licensee attempts to assign, sub-license, transfer or otherwise convey, without first obtaining Licensor’s written consent, any of the rights granted to Licensee by or in connection with this Agreement; 
2. Licensee fails to obtain Licensor’s approval of Licensee’s use of the Photo images in accordance with Section 2 of this Agreement; 
3. Licensee uses the Photo images in a manner in violation of, or otherwise inconsistent with, the restrictions imposed by this Agreement; or 
4. Licensee uses the Photo images in a manner not expressly permitted by this Agreement.

4. All rights granted by this Agreement, including, without limitation, Licensee’s right to use the Photo images, shall expire upon termination of this Agreement, and upon termination Licensee shall immediately cease and desist from any further use of the respective Photo images. 
5. MISCELLANEOUS
   1. Assignment. Licensee shall not assign, sublicense, transfer, or otherwise convey Licensee’s rights or obligations under this Agreement without Licensor’s prior written consent. Licensee shall indemnify and hold harmless Licensor against all liability, costs, and expenses, including but not limited to a reasonable attorneys’ fee, arising out of or in connection with claims relating to an attempted assignment, sublicense, transfer, or other conveyance of Licensee’s rights and obligations.
   2. Applicable Law. This Agreement shall be interpreted, construed, and enforced pursuant to the laws of the State of ____.
   3. Settlement of disputes. If a dispute arises during or after the term of this Agreement between the Parties, they shall agree to negotiate amongst themselves, in “good faith”, before any litigation.
   4. Entire Agreement. This Agreement supersedes all previous agreements, understandings, and arrangements between the parties, whether oral or written, and constitutes the entire agreement between the Parties.
   5. Severability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
   6. Amendments. This Agreement may not be modified, amended, altered, or supplemented except by an agreement in writing executed by the parties hereto.
   7. Waivers. The waiver by either party of a breach or other violation of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or other provision of this Agreement.
   8. Notice. Unless otherwise provided herein, any notice, demand, or communication required, permitted, or desired to be given hereunder shall be in writing and shall be delivered by hand, by telex or telecopy, by facsimile, or by registered or prepaid certified mail through the United States postal service, return receipt requested, addressed as follows: ____ or to such other address, and to the attention of such other persons or officers as either party may designate in writing. Any notice so addressed and mailed shall be deemed duly given three (3) days after deposit in the United States mail, and if delivered by hand, shall be deemed given when delivered, and if telecopied, telexed, or sent by facsimile, shall be deemed given on the first business day immediately following transmittal.
   9. Counterparts. This Agreement may be executed in two counterparts, each of which shall be an original, but all of which together shall constitute one and the same Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first set forth above.

7. SIGNATURES OF THE PARTIES

Licensor’s Signature: ______________________________ Date: ___________

Print Name: ______________________________

Licensee’s Signature: ______________________________ Date: ___________

Print Name: ______________________________

How to Write a Photo Usage License Agreement

Using our image license agreement template, writing the legal contract becomes easy! Simply fill in all of the details based on the usage rights you want to transfer to another party. The legal aspects of the contract are supposed to be mutually beneficial for both the licensor and the licensee and should be discussed before the agreement is written and signed. Once in agreement, take the following steps to use the image usage form:

1. At the top of the photo licensing agreement, you need to write the names and contact information (address and telephone numbers) of both the licensee and the licensor.
2. Follow this with a description of the photograph in question. Copies of the images can be attached to the legal contract as well.
3. You’ll then need to specify the type of license – an exclusive or non-exclusive contract. The licensing fees for exclusive usage rights can be priced far higher than non-exclusive contracts, but can be sold only once.
4. Next, you must state for how long the purchasing parties can use the images after the contract start date. After the termination date, the licensee needs to renew their licensing agreement to continue using the photo.
5. Next, you need to detail the permissions and limitations of usage. Can the images be manipulated? Can they be used on the web and in print? Can they only be used in one publication? Does the licensee have to give the owner credit for the images?
6. The image use agreement form then states the licensing fees. Royalties might be added for each image to ensure fair revenue for the photo owner. Fees largely depend on the exclusivity of the agreement and other limitations.
7. Both parties must sign and date the contract and a copy of the image license agreement is kept by both parties. Notarization isn’t a requirement but is recommended for expensive licensing agreements.

When completing these steps, always write in simple language rather than complex legal terminology so that the contract is easy for everyone to understand. If there is ever a lawsuit filed regarding image usage rights, a clear and concise contract helps. Moreover, all legal aspects need to be considered. This includes specific usage rights, but also information on copyrights, trademarks, and a policy for sub-licensing and sharing the photographs with others.