"Photo Licensing Agreement Template"

What Is a Photo Licensing Agreement?

A Photo Licensing Agreement is a contract signed by a photo owner (usually, a photographer) and an individual or company which wishes to license the use of the image(s). This document lets the original owner retain the copyright of their photo(s) - the licensee only gains the right to use the image(s). Photos, designs, and images can be used for the customers' own personal and sometimes even commercial use. The images may be printed and framed for commercial sale, on book covers, and in magazines or online venues.

If you need a free Photo Licensing Agreement, you may download one below or create a more personalized document with the help of our online form builder. A standard Photo Licensing Agreement will allow the owner of the photos to set a price on the photos and agree on the different ways the images will be used.

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How to Create a Photo Licensing Agreement?

Discuss the agreement prior to the sale of the licensing rights. If you clearly define the ways in which the photos can be used, this will build a mutually beneficial professional relationship. To protect the interests of the photographer and the client, provide the following details in the Photo Licensing Contract:

  1. Name the parties - the owner of the photos and the client. Add their addresses and telephone numbers.
  2. List and describe the licensed photos. As an addition to the agreement, you can include a copy of the images.
  3. Specify the type of license - exclusive or non-exclusive. An exclusive license gives the customer the exclusive right to the use of the intellectual property, while a non-exclusive license lets the photographer grant licenses to other parties - many parties can hold licenses to the same images at the same time. If the license is exclusive, the price for the licensing may be set far higher.
  4. State the duration of the license - it may be perpetual until the parties cancel the agreement or it will last for a limited period of time. If the agreement establishes the time frame, the licensee will not be able to use the images without renewing the license.
  5. Describe how the client can use the intellectual property - for instance, print them in their magazine or use them when designing a website. The customer may use licensed images worldwide or only in specific regions. If the images will not be used for any kind of profit-generating purpose, the licensee obtains non-commercial rights.
  6. Record the restrictions and limitations on use. The client may have to include a photo credit on the images. Typically, the owner does not allow the use of the photos in trademarks, logos, and other marks, or in any goods where the images are the primary value. The owner may forbid the alteration of the photos and their sublicense without the prior written permission.
  7. Negotiate fees and payments. You may add royalties per image sold to make sure you are fairly compensated for your work. Discuss late fees and interest.
  8. Enter the effective date of the agreement and sign the papers. Each party retains a copy. You do not have to notarize your agreement; however, it is recommended if the licensed photos cost a lot.

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Photo Licensing Agreement
This ​ P hoto Licensing Agreement (hereinafter referred to as the “Agreement”) is entered
into as of ________________ by and between _____________________, with a mailing
address of ______________________________________________________________
(hereinafter referred to as the “Photographer”) and _____________________, with a
mailing address of ________________________________________________________
_______________________ (hereinafter referred to as the “Client”), collectively referred
to as the “Parties,” both of whom agree to be bound by this Agreement.
1. License. The Photographer hereby grants to the Client an exclusive, limited license to
use the following work (hereinafter referred to as the "Photos"):
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
The Client is authorized to use the Photos in the following regions (hereinafter referred to
as the "Territory"):
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
2. Ownership of Photos. The Client agrees that, subject to the rights and license granted
herein, the Photographer is, and will remain, the sole and exclusive owner of all right,
title, and interest, throughout the world, to all Photos and any copies of the Photos.
Except as expressly provided in this Agreement, the Photographer reserves all rights and
licenses not expressly granted in this Agreement.
3. Fee. The Client shall pay a fee in the amount of $_________________ in consideration
for the rights and licenses granted herein.
The payment shall be made within ___________ days of the due date. If any payment is
not made within ___________ days after the due date, the Photographer may charge an
interest of $_________________ per month. In the event that any payment is collected at
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Photo Licensing Agreement
This ​ P hoto Licensing Agreement (hereinafter referred to as the “Agreement”) is entered
into as of ________________ by and between _____________________, with a mailing
address of ______________________________________________________________
(hereinafter referred to as the “Photographer”) and _____________________, with a
mailing address of ________________________________________________________
_______________________ (hereinafter referred to as the “Client”), collectively referred
to as the “Parties,” both of whom agree to be bound by this Agreement.
1. License. The Photographer hereby grants to the Client an exclusive, limited license to
use the following work (hereinafter referred to as the "Photos"):
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
The Client is authorized to use the Photos in the following regions (hereinafter referred to
as the "Territory"):
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
2. Ownership of Photos. The Client agrees that, subject to the rights and license granted
herein, the Photographer is, and will remain, the sole and exclusive owner of all right,
title, and interest, throughout the world, to all Photos and any copies of the Photos.
Except as expressly provided in this Agreement, the Photographer reserves all rights and
licenses not expressly granted in this Agreement.
3. Fee. The Client shall pay a fee in the amount of $_________________ in consideration
for the rights and licenses granted herein.
The payment shall be made within ___________ days of the due date. If any payment is
not made within ___________ days after the due date, the Photographer may charge an
interest of $_________________ per month. In the event that any payment is collected at
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law or through an attorney, or under advice therefrom, or through a collection agency, the
Client agrees to pay all costs of collection, including, without limitation, all court costs
and reasonable attorney's fees.
4. Restrictions on Use. The Client will not use the Photos for any of the following
purposes:
a. No Unlawful Use. ​ T he Client will not use the Photos in any unlawful manner,
such as pornography or defamation.
b. No Products for Resale. ​ T he Client will not use the Photos in any goods or
products where the Photos are the primary value.
c. No Use in Trademark or Logo. The Client will not use the Photos in any
trademark, design, logo, or other mark.
d. No Alterations. ​ T he Client will not alter the Photos without the prior written
permission of the Photographer.
e. No Standalone File Use. The Client will not use the Photos in any way that
allows a standalone file or content file to be downloaded, extracted, or
redistributed by others.
f. No Sublicenses. ​ T he Client will not sublicense the Photos without the prior
written permission of the Photographer.
5. Photo Notice and Markings. ​ T he Client must include a photo credit or copyright
notice in the name of the Photographer on all Photos.
6. Indemnification. ​ T he Client will indemnify, defend, and hold the Photographer
harmless from all liability, claims, demands, causes of action, judgments, damages, and
expenses (including reasonable attorneys' fee and costs) arising out of or as a result from
the use of the Photos by the Client, except in the event that any claims, demands, causes
of action, judgments, or expenses arose out of willful misconduct, gross negligence, or
bad faith by the Photographer.
7. Limitations of Liability. ​ E xcept for any remedies that can't be excluded or limited by
law, neither Party will be liable under this agreement to the other Party, any affiliate or
other third person for any indirect, incidental, consequential, special, reliance, or punitive
damages or lost or imputed profits, lost data or cost of procurement of substitute goods or
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services this limitation of liability may not be valid in some states. The Client may have
rights that can't be waived under consumer protection and other laws. The Photographer
does not seek to limit the Client's warranty or remedies to any extent not permitted by
law.
8. Termination. ​ E ither of the Parties may terminate this Agreement immediately upon
delivery of a written notice to the other Party specifying clearly the grounds for
termination of the other Party commits a material breach of its obligations under this
Agreement and fail to fix the breach within ___________ days after written notice of the
breach is received by the breaching Party. For the avoidance of doubt, the termination
will be without prejudice to any liability incurred prior tot he effective date of
termination.
9. Assignment. This Agreement may not be assigned by the Client without the
Photographer's prior written consent. The Photographer may assign this Agreement, in
whole or in part, to any affiliate or successor.
10. Severability. If any provision of this Agreement is held invalid, illegal or
unenforceable by a court of competent jurisdiction, the remainder of the Agreement will
be valid and enforceable and the Parties will negotiate in good faith a substitute, valid and
enforceable provision which most nearly puts into effect the intent of the Parties.
11. Waiver of Contractual Rights. ​ T he failure of either Party to enforce any provision
of this Agreement shall not be construed as a waiver or limitation of that Party's right to
subsequently enforce and compel strict compliance with every provision of this
Agreement.
12. Entire Agreement. ​ T his Agreement represents and constitutes the entire agreement
between the Parties, and supersedes and merges all prior negotiations, agreements, and
understandings, written or oral, with respect to any and all matters between the Parties.
13. Disputes. ​ A ny dispute arising from this Agreement shall be resolved through
mediation. If the dispute can't be resolved through mediation, then the dispute will be
resolved through binding arbitration conducted in accordance with the rules of the
American Arbitration Association.
14. Attorney Fees. If either Party brings a legal action to enforce its rights under this
Agreement, the prevailing Party will be entitled to recover from the other Party its
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expenses (including reasonable attorneys' fees and costs) incurred in connection with the
action and any appeal.
15. Governing Law. The Parties agree that this Agreement shall be governed by the laws
of ______________________.
S tate
The Parties agree to the terms and conditions set forth above as demonstrated by their
signatures as follows:
PHOTOGRAPHER
CLIENT
Name: _____________________
Name: _____________________
Signed: ____________________
Signed: ____________________
Date: ______________________
Date: ______________________
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