Website Images - Elements Of A Still Photograph License Agreement

A still photograph license is pretty much what it sounds like. The copyright holder of the image, usually the photographer, allows a second party a license to use it on their site for some purpose. In exchange for said use, the second party pays either a set fee or royalty to the copyright holder. All of this is detailed in a license agreement.

The first element of an agreement of this sort is a recitation of the parties. Specifically, one needs to note who is allowing the image to be used and who is allowed to use it. In short, we are talking about the legal names of the parties.

The second element is a recitation of the license terms. Will the license be an exclusive one, to wit, the copyright holder cannot license it to someone else or will it be a non-exclusive version? The difference between the two is significant in that exclusive use is more valued and, accordingly, comes with a higher price.

As you probably can guess, the third element is price. Price is entirely negotiable. There are many factors that go into it, but exclusivity is perhaps the most important. A copyright holder can create multiple streams of income with a non-exclusive license. A party looking to buy total control of the images in question will need to come up with a price that more than makes up for the total revenues said streams would produce if non-exclusivity was granted.

Warranty is the forth element of any license agreement. In this clause, the copyright holder must warrant that they own the image and have the right to license it. Most clauses will then detail the financial remedies that can be claimed if this ownership is challenged by some third party. It is a dry area of the contract, but an important one.

The Fifth Element is a great over the top movie. In relation to a license agreement of this sort, however, it is a clause that deals with assignment. Specifically, will the parties have the right to assign their interests in the contract to a third party? The copyright holder usually wants the answer to be no since they don’t want to lose control of their image and suddenly see it on a site they find offensive.

Are there more clauses included in a photograph license agreement? Absolutely, but these are the five main elements you will always find. The rest is just custom work defining the specific agreement. Whether you are licensing out your work or purchasing licensed images, it is vital to understand what is going on and what you are agreeing. This article should help you do just that.

Richard A. Chapo prepares photograph license agreement documents for licensing parties via his site at SanDiegoBusinessLawFirm.com.