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Don't Live Without Contracts Rachel's rule of thumb is that everyone should have a contract at every shoot. You can shoot without a model release, but you should never shoot without a photography contract. So many photographers do the opposite, she says.
What is a photo licensing agreement? A photo licensing agreement is a contract between two parties, the licensor (the photographer who owns the copyright and is licensing the rights to use the image) and the licensee (the person or company wanting to and gaining the right to use the image).
A licensing agreement allows one party (the licensee) to use and/or earn revenue from the property of the owner (the licensor). Licensing agreements generate revenues, called royalties, earned by a company for allowing its copyrighted or patented material to be used by another company.
Even when hiring a photographer for a dedicated photo shoot, the employment is typically a contractor relationship. Therefore the photographer will still be the owner of the resulting photos. The photographer may grant you an unlimited license for these photos, but legal ownership stays with the photographer.
Examples of common licensing agreements include: A sports team allowing another company to produce t-shirts with the team's logo. A movie company that allows another company to create a toy based on a character the movie company owns.
In order to license images and grant photo usage rights, you need to be either the author of the images, or otherwise authorized to license the images. For example, agencies are also authorized to license images if the author has contractually allowed them to be granted.
Practitioners and licensing executives often refer to three basic types of voluntary licenses: non-exclusive, sole, and exclusive. A non-exclusive licence allows the licensor to retain the right to use the licensed property and the right to grant additional licenses to third parties.
What Should Photography Contracts Include?Copyright Ownership and Transfer of Use Rights.Payment Schedule.Cancellation Policy.Summary of What Each Side Will Deliver.Start Date of Photography Contract and Shoot Date (If Applicable)Full Contact Information and Names for Client and Your Business.More items...
Under U.S. law, copyright in a photograph is the property of the person who presses the shutter on the camera not the person who owns the camera, and not even the person in the photo.
As a model, protecting your likeness and how it is used is critical to your success. So when a photo is made by a photographer of a model, who owns it? And the answer is, the photographer.