What is a Photography License Agreement?
A photography license agreement is a legal contract between a professional photographer in the UK and the client. It acts as an assurance to both parties that they will be legally protected if anything affects the outcome of their association. As a photographer, it guarantees that you will be able to use the images commercially and gain credit for them , whilst your client receives the reassurance that they are of no fault to anyone else and you will be financially rewarded for your work. Having an agreement in writing also ensures that nothing important is overlooked and everyone is aware of the terms and conditions of your service. It is always advisable to speak to a lawyer with a good understanding of intellectual property rights who can tailor the license to fit your needs.
Photography License Agreements – Key Provisions
A well-drafted template for photography license agreements in the UK includes several essential elements necessary for defining the scope and limitations of the license granted. Five main components are necessary for the creation of any such documentation: Rights Granted – The most important aspect of any license agreement is a clear definition of which rights are to be granted for use of the photography. It is important to outline what rights are reserved fully by the creator, as well as how the licensee may use the rights granted to them. Duration – A license agreement should also have a clear duration attached to it that will clearly define when the license begins and ends. In some cases, licenses can be granted with no expiration date if it is preferred by the creator and both parties find it acceptable. Territory – Unless otherwise agreed upon, the territory set forth in a license agreement is anywhere in the world. However, in some situations, a licensee may only want to use the photographs in a specific country or region, so it is important that these terms be clearly laid out within the license. Usage – Depending on the wishes of the creator, use of the license could be restricted to certain types of projects, or it could be unlimited. Outlining the exact areas in which the licensee can and cannot use the creator’s work is essential for a license agreement to be effective and prevent confusion or legal problems down the road. Royalty – A royalty payment is usually made for the use of a commercial photograph. The amount is normally a one-time fee, although it can also be written into the contract that the licensee pays a percentage of any proceeds associated with their use of the photographs.
Different Types of Photography Licenses
"For the freelancer, or indie photographer, who owns the copyright of his own work, it is extremely important to issue the right license, taking into consideration the particular use the potential client intends to make of the work. On a professional basis, no other business relationship can exist without an "understanding" between the two parties."
This quotation succinctly summarises how the issuance of appropriate photography licenses is essential for both licensing professional photographers and clients.
According to Gillian and Christopher Cox in "Licensing Art & Design," licenses can either be exclusive or non-exclusive.
An exclusive photography license provides the licensee with the sole rights to the use of the artwork. A non-exclusive photography license is a license where the licensee shares rights to the photograph with other licensees.
As Gillian and Christopher Cox explain, "Photography licenses are used to cover the photographer’s normal use of the artwork, including storage, reproduction, print run, period of use and countries of use."
A Royalty-Free Photography License allows the licensee to pay a one-off payment to license the photograph for use without ever paying for ongoing royalties. The cost of a Royalty-Free License, as stated in "The Business Side of Creativity" by Shirley Reva Stern, is significantly lower than "Rights Managed Licensing" because the licensee can use the photograph multiple times, whereas unique photographs have higher licensing costs. "Royalty Free licensing offers a far less complicated approach to buying a license than Rights Managed, which considers such factors as the duration of use of the photograph, how much of the photograph will be used, and invoices for the use of the photograph. From a pricing point of view, licensing photo as RM means that you are buying exclusivity; you need to pay for it." – "The Business Side of Creativity" by Shirley Reva Stern
The Royalty-Free Photographer License "make[s] it easy to search through thousands of royalty-free photographs. When you find one you like, a price is listed for its use, along with specific terms defining the ways you may use the photograph." – "The Business Side of Creativity" by Shirley Reva Stern.
Unlike Royalty-Free, Rights Managed Licences provide the licensee the legal right to "use an image for a certain period of time, in a certain way and for a certain price. The client purchases the right to use the image in just those manners. It is the most complicated of all licensing situations. Typically, you will see these type of images priced according to several factors." – "The Business Side of Creativity" by Shirley Reva Stern.
In short, it is important, as a freelance photographer or a client licensed the work of a photographer, to understand the different types of photography licenses available, especially the benefits and limitations of exclusive and non-exclusive Licenses.
When is a Photography License Agreement Needed?
While not always required, a Photography License Agreement is a must in many instances, or from a best practice perspective could be considered a minimum requirement which can help both parties avoid future disputes. The following are several scenarios where a License Agreement is generally required or at least can significantly mitigate the risk of future disputes taking place.
In this case you commission a photographer to do a shoot, usually with set parameters. For example, it may be an event or maybe you want the photographer to portray a product or maybe the venue for a brochure for example. Absent that photographer’s employment, that photographer will eventually want to reuse or license that photopgraph from you – that or he or she wants absolutely no use of the photographs at all. The important point here is that a License Agreement is required because if you fail to get that agreement upfront, if you start reusing the photographs and putting them to use in a different context than the one originally discussed, the photographer may come after you to insist you stop using the photographs, or worse, pursue a court injunction against you.
This scenario requires a License Agreement because it is important to be clear on what can be done with what can be done with the photographs. As with any agreement which has parameters governing the use of the photographs, it is important for a License Agreement to be in place to make it clear that the party commissioning the work has limited rights which are clearly defined, as opposed to unlimited rights. In addition, the photographer may want you to use the photographs in a specific manner (e.g. on an advertisement in the UK) and not in any context outside of that.
Drafting a Photography License Agreement Template
When preparing licencing agreements, you need to have a good idea of what purpose the photographs will be used for in the future. In many occasions, it may be better in order to avoid any issues with licencing, to make agood attempt at anticipating future uses, right now. Based on the purpose of use, it will heavily influence the use of the past, the duration of the rights and the renumeration that will be charged to the licensee . Copyright is a flexible and therefore subject to change as a result of future events. The following are some legal considerations you should think about: The most important criteria are: If you are done with the above steps, you can now start thinking about drafting your photography license agreement template.
Top Mistakes to Avoid
When creating or using photography license agreement templates, it’s easy to fall into common pitfalls that can have long-lasting effects. Be aware of the following issues:
Misunderstanding the Roles Digital photography has disrupted the traditional roles of photographers and publishers, leading to the creation of new licence structures. While many agreements are signed by individuals hoping to bring clarity to their project or business, it’s important to note that many of these agreements are losing their relevance. The digital age has practically made these agreements redundant and so long term forecasts for the relevance of these agreements look bleak.
Lack of Knowledge of Copyright and Intellectual Property Laws Although the laws governing copyright and other aspects of intellectual property are complex, it’s vital to understand the concepts of ownership, assignment, licencing rights and infringement before using an agreement template. You should be aware of the different laws governing photography and publishing agreements in your home country as well as in the countries in which you and your artistic team operate.
Amending the Wrong Parts of an Agreement Modifying or altering a section or clause within an agreement can leave you exposed to specific risks, if done incorrectly. For example in an author copyright assignment or licencing contract, the Author’s rights to the Work cannot be assigned without the Author’s consent and must be clearly stated in the modified contract. If this is not done in the proper way, the Author could still be entitled to royalties for their Work.
Not Including the Correct Currency It might seem obvious, but if you don’t specify the correct currency in your photography licence agreement, it can lead to significant non-payment problems later on. It can also lead to unintended consequences such as payment of non-interest bearing loans or considerable tax implications.
Failing to Modify an Agreement for Each Unique Project It’s common practice to use existing agreement templates and modify them according to the particular project or purpose. However, the terms and conditions of each project are unique and needs to be exhaustively noted in the agreement. The agreement should clearly indicate the deliverables, the liability and exit terms for both parties. It should also define the cost and payment schedule that’s agreeable to both parties.
Helpful Legal Resources and Support
For those seeking further legal resources and support on photography license agreements within the UK, there are a number of reputable sites and services that offer comprehensive guides and templates. Websites such as LawDepot.co.uk provide an example template that can be tailored to suit your specific business needs, ensuring that you are protected from any potential legal disputes . Additionally, the National Union of Journalists (NUJ.org.uk) offers a detailed photography contract guide and downloadable templates. For businesses looking for tailored and ongoing legal support, websites like RocketLawyer.co.uk and LegalVision.co.uk offer subscription models for businesses. Both options come with a free one-week trial and provide access to bespoke legal documents meant to meet your business needs.