Photograph License Agreement

Websites usually needs photographs to build out their brand. You can't just copy them from the web. A photograph license agreement is the key to doing it right.

The creation of a work automatically establishes a common law copyright in the author. Put more succinctly, this means a person who takes photographs owns the right to use them as they see fit. The photos are more or less defined as a piece of property and that means they can be sold or licensed, which is great for both the photographer and a person who wants to use the images on their site. 

A photo license is unique in that it can be pushed designed to provide a host of use options. For instance, you might want to make it widely available, but don't want someone to use it for commercial purposes. The license can be customized to do create just that scenario. 

The more traditional situation that arises is one in which a photographer wants to license their photos to end users who wish to use them for commercial purposes. For instance, you might shoot photos of the attractions in your town and sell them to online travel magazines. In such a situation, the magazine is often going to want an exclusive use deal, but not always. The photo license needs to be customized to cover one approach or the other. 

What about just letting an online site handle the license agreement? You can take this approach, but you are going to risk a lot. The attorney writing up that agreement will write it in favor of their client, and that means any flexible areas will be biased towards the interests of the party leasing the photos from you. That is generally not a good move on your part. 

Contact me today at 619-637-6043 if you would like to discuss the preparation or review of a photograph license agreement for your work.

Richard