Digital Image License

Digital Image License: Control How Your Images Are Used

A digital image licence (spelt "license" in the US) is an agreement in which the owner of a photograph, illustration or other digital image gives another person or business permission to use it, while keeping the copyright. It sets out the images, the rights granted, whether the licence is exclusive, the permitted uses and territory, how long it lasts, credit, the fee and any royalties, delivery and what happens when it ends. Robot Lawyer drafts the agreement from your answers, for the law of the country or state you choose, and on the Verified plan a qualified legal professional checks it within 24 hours before you sign.

CONTENTS

What Is a Digital Image Licence?

A digital image licence (also called an image licensing agreement or photo licence) gives permission to use an image without transferring ownership. The owner can license the same image to others unless the licence is exclusive.

A written licence protects the owner's copyright and income, and gives the user certainty about exactly what they can do with the image.

When Should You Use One?

• Photographers and illustrators
  When you license your work to a client.
• Businesses buying images
  When you need clear rights to use a photo or graphic.
• Marketing and advertising
  For use on websites, social media, print or campaigns.
• Products and publications
  For use on packaging, merchandise, books or magazines.
• Exclusive use
  When the user needs to be the only one using an image.

What's Included in Your Agreement?

• The images
  Which images are licensed, with any file names or IDs.
• The rights and uses
  What the licensee can do with the images and for what purposes.
• Exclusivity, territory and term
  Whether others can use the images, where and for how long.
• Restrictions and edits
  Any limits on use, copies and changes.
• Credit
  Whether and how the owner must be credited.
• Fees and royalties
  The licence fee, when it is paid and any royalties.
• Delivery
  How and in what format the images are supplied.
• Warranties, liability and termination
  The owner's promises, limits on liability and how the licence ends.

How to License an Image

Before you license an image, decide exactly what you are allowing. A clear licence answers these questions:

• Which images?
  Each image by file name, ID or description, so there is no doubt what is covered.
• What uses?
  For example a website, social media, print advertising, packaging or editorial use, and whether commercial use is allowed.
• Exclusive or not?
  Whether the owner can keep licensing the same image to others.
• Where and for how long?
  The territory and the licence period, or whether it continues until ended.
• Can it be edited?
  Whether the licensee can crop, retouch or combine the image with other material.
• How is the creator credited?
  The exact credit line and where it appears.
• What does it cost?
  A one-off fee, a recurring fee or royalties, and when they are paid.

Common Mistakes to Avoid

For licensors, the biggest risk is granting rights that are too broad, such as any use, anywhere, for ever, in return for a small one-off fee. Match the uses, territory and term to the price. Make sure you own or control the rights you are licensing, and that you have model releases for identifiable people and property releases where they are needed.

For licensees, the main risk is using an image beyond the licence, for example in an advert when the licence only covers editorial use, or after the licence has ended. Keep a copy of the signed licence with the image files so your team can check what is allowed. If you need to own the image outright rather than use it, a Copyright Assignment Agreement may be more suitable.

How It Works on Robot Lawyer

1. Answer the questions
   Tell us about the images, the rights, uses, term, credit and fees.
2. Generate your agreement
   We draft a clear licence agreement from your answers.
3. Get it verified
   On the Verified plan, a qualified legal professional checks your agreement within 24 hours and makes amendments where needed. The Essentials plan does not include this check. See how our documents are verified.
4. Sign and share
   Download it, sign it with the other party and keep a copy.

What Your Document Looks Like

Your agreement is a numbered contract: the parties and background, definitions, ownership, the grant of licence, restrictions, delivery, fees, credit, warranties, liability, termination and general terms, with signature sections and a schedule of the licence details. Here is an extract from a sample agreement we generated:

2. Licence and ownership

2.3 The Licensor may use the Images and license them to others. Copyright and all other rights in the original Images remain with Jane Ashworth. Nothing in this agreement transfers ownership to the Licensee, and all rights not expressly granted are reserved.

2.4 The Licensee must not sublicense, assign or transfer the licence or any rights under it. No change of control or other arrangement gives another person a right to exploit the Images.

How It Works in Different Countries

• UK
  Copyright in a photo or image usually belongs to its creator, and the creator also has moral rights, including the right to be credited if they assert it. An exclusive licence must be in writing and signed by the owner.
• United States
  Copyright in an image usually belongs to its creator, unless it is a work made for hire. An exclusive license must be in a signed writing, and registering the copyright makes it easier to enforce.

These notes are general. Check the current rules where the images will be used.

Digital Image Licence FAQs

Does a licence transfer ownership of the image?

No. The owner keeps the copyright and the licensee only gets the rights the licence grants.

What is the difference between an exclusive and a non-exclusive licence?

With an exclusive licence, the owner does not license the image to anyone else for the same uses. With a non-exclusive licence, they can.

Can the licensee edit the image?

Only if you allow it. Your agreement sets out whether edits are allowed and any limits.

What happens when the licence ends?

The licensee must stop using the images and delete their copies, except for printed materials already distributed.

How much should I charge to license an image?

Fees usually depend on the use, the size of the audience, exclusivity, the territory and the length of the licence. Your agreement records the fee and any royalties you agree.

Do I need a licence for images I find online?

Usually, yes. Most images online are protected by copyright, so you need the owner's permission unless a licence, such as a stock or Creative Commons licence, already allows your use.

Should the licence be exclusive?

An exclusive licence usually costs more but stops the owner licensing the image to anyone else for the same uses, such as a competitor. A non-exclusive licence is cheaper and suits most website, social media and marketing use.

Do I need to credit the photographer?

Only if the licence requires it or the law gives the creator a right to be credited. Your agreement sets out whether a credit is needed and its exact wording.

Can I license an image someone else created?

Only if you own the copyright or the owner has given you the right to license it to others. Your agreement includes the licensor's promise that they have the right to grant the licence.

Can I use this agreement outside the UK?

Yes. Your agreement is drafted under the law of the country or state you choose. Our lawyers are qualified in England and Wales and, on the Verified plan, check documents for good practice, clear formatting and the law of England and Wales. They are not qualified in other countries' law, so if your agreement is governed by another country's law, we recommend having a local lawyer check it too.

Create a Digital Image Licence

License your images on clear terms. You can start with a 7-day free trial. See our pricing for the plans. Related documents: Photography Contract and Copyright Assignment Agreement.