Photo Licensing Agreement Sample
A photo licensing agreement is a legal contract that outlines the terms and conditions under which a photographer or a stock photo agency grants a license to use a photograph. This agreement is essential to protect both parties` rights and ensure clear communication about how the photo can be used and distributed.
If you`re a photographer or a stock photo agency, it`s crucial to have a photo licensing agreement in place before you sell or license your photos. A well-written agreement can help you avoid legal disputes and ensure you get paid for your work.
What should a photo licensing agreement include?
1. License Grant: This section should outline the rights you`re granting to the licensee, including the duration of the license, the number of copies that can be made, and the territories where the photo can be used.
2. Permitted Uses: The agreement should clearly state the authorized uses of the photo, such as in print or digital media, for commercial or editorial use, and the size and location of the image.
3. Credit and Copyright Notice: The agreement should state whether the licensee must provide a credit and copyright notice when using the photo. This section should also clearly outline who owns the copyright to the photo.
4. Payment Terms: The agreement should outline the payment terms, such as the amount, payment schedule, and any late payment fees.
5. Indemnification: This section should outline the indemnification obligations of both parties and specify who is responsible for any damages or claims arising from the use of the photo.
6. Termination: The agreement should outline the circumstances under which the license can be terminated, including breach of contract or non-payment.
7. Governing Law: The agreement should specify which state or country`s laws will govern the agreement.
Here`s a sample photo licensing agreement that you can use as a starting point:
[Insert Name of Photographer or Stock Photo Agency]
Photo Licensing Agreement
1. License Grant. [Insert Name of Photographer or Stock Photo Agency] grants [Insert Name of Licensee] a non-exclusive, non-transferable license to use the photograph(s) described in Exhibit A, for the purpose(s) and territory(ies) set forth in Exhibit B, subject to the terms and conditions of this Agreement.
2. Permitted Uses. Licensee may use the photograph(s) solely for the purpose(s) and territory(ies) set forth in Exhibit B. Licensee may not use the photograph(s) for any other purpose or territory without prior written consent from Photographer or Stock Photo Agency.
3. Credit and Copyright Notice. Licensee must provide a credit and copyright notice in the form of [Insert Credit and Copyright Notice] whenever the photograph(s) are used. Photographer or Stock Photo Agency retains ownership of the copyright to the photograph(s).
4. Payment Terms. Licensee must pay [Insert Payment Terms] for the license to use the photograph(s). Payment is due [Insert Payment Due Date]. Late payment may result in [Insert Late Payment Fees].
5. Indemnification. Both parties agree to indemnify and hold harmless the other party from any damages, claims, or expenses resulting from the breach of this Agreement.
6. Termination. This Agreement may be terminated by either party for material breach of the Agreement by the other party, upon [Insert Termination Notice Period] notice to the breaching party.
7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of [Insert Governing Law], without regard to its conflict of law provisions.
[Insert Signature Blocks for Both Parties]
In conclusion, a photo licensing agreement is essential to protect both the photographer or stock photo agency and the licensee`s rights. By including the necessary components, you can ensure clear communication and avoid legal disputes. Use this sample as a starting point for your own agreement and modify it as necessary to suit your specific needs and circumstances.
