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Under copyright law, the photographer owns the copyright and can use it for any editorial use without permission of the person in the picture.
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.
Basically, copyright law says that when you take a photograph, you become the copyright owner of the image created....This means you hold exclusive rights to:Reproduce the photograph.Display the image in a public space.Distribute the photo.Create derivatives of the image.
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.
Who Owns the Copyright of a Photograph? Photos are considered intellectual property because they are the results of the photographer's creativity. That means that the photographer is the copyright owner unless a contract says otherwise.
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).
Photos are considered intellectual property because they are the results of the photographer's creativity. That means that the photographer is the copyright owner unless a contract says otherwise. In some cases, the photographer's employer may be the owner.
Licensing Images. If you are not the copyright holder for an image, but you would like to use it, then you need a licensing agreement. Through a licensing agreement, the copyright holder can grant permission to use the image in specific ways.
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.
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.