Protecting one’s work online has been a herculean task. In times like these, owning the copyright alone won’t help you against illegal downloads. However, licensing your images definitely would, as it forms the core of a sound business practice in photography.
In fact, licensing is one way to earn money as photographer. What you do here is that you sell someone the permission to use your work in a certain way in return for some monetary benefits. A license is a contract in which the photographer grants specific rights to the client who wants to use your image(s) for a stipulated amount of time. The client is free to use the images in any way that doesn’t go beyond the scope of the agreement. Sounds simple, right?
While there are legalities associated with it, it isn’t rocket science. Make a contract, grant the client the rights to use your images and once the contract ends, the client can no more use your images. The flip-side, however is that this rarely happens. In most cases, the moment the client receives the images, everything spirals out of control.
What is a License?
As the photographer, you own the rights to your images. You can decide to license specific usage rights to a client that wants to use your photographs through a contract. The license allows the client to use images within the scope of the usage agreement only.
Licensing doesn’t mean you have to pass a written exam while watched over by cranky, bespectacled government workers. It simply means that you’re giving rights to someone?—?preferably someone who gives you money in return?—?to use your work for a certain purpose and for a specific period of time. Different types of licensing can be broken into the following categories:
Commercial rights enable the buyer to use your images for commercial purposes?—?in communications designed to sell their own products or services such as a catalog, brochure or on some other form of advertisement.
Things like personal websites, blogs, school newsletters and other media where your image will not be used specifically as a part of a for-profit / money-making activity come under Non-Commercial rights.
Also known as Serial Rights, this is when you grant an exclusive permission to use a specific image to a client. You may or may not want to do this, since “exclusive” means you will not be able to resell that image to any other at a later time.
First rights constitute the permission to use the image first off and then you are free to resell your image at a later time. This typically applies to publications, newspapers, and magazines.
Non-exclusive rights mean that you can sell your images to more than one person or entity. Make sure that you include a clause wherein your client cannot further resell your images.
One Time Use
One time use is probably the best way to go in terms of licensing from the photographer’s perspective. This license agreement lets you sell the right to use your image one time only, for one specific purpose to a client.
“Rights managed,” is a little more complicated but is probably the best way for photographers to license their images. Most stock photo websites use this model, wherein images have very specific restrictions on use and different fees associated with each use. Rights Manages Images enable both the photographer and the client to arrive that the best fit of usage and exclusivity and do a license agreement based on the same.
If you are looking to gain exposure or simply contribute your images so that anyone can use them, Creative Commons licences let you define the level of access you give others to use your photos. A lot of photographers use Creative Commons as a marketing strategy to bring exposure to their work through platforms like Flickr, Unsplash etc as it lets your images be seen by a wide audience.
Putting together a Licensing Agreement
Coming to the whole licensing process, it begins with you sending the client its description so that the negotiation process can begin.
A license description is primarily used for three things:
- Making an offer to grant the client agreed-upon scope of usage of the images. Permitting him only specified usage of the images and constraining others.
- Stating what the client can do and can’t do with the images.
- Protecting your images from unlicensed usage.
In most cases the client is never satisfied with how much you are initially willing to offer. They’ll try to get more rights to the image, to use the image for various undisclosed purposes. You on your part should be all ears and open to changes.
While you are working on the license description, be specific, choose the right words and don’t play with the punctuation?—?a wrongly-placed comma can cost you a lot!
An ideal license description must contain the following:
- Parties—When describing the license, make sure to establish the names of the parties involved?—?the licensor, licensee and the End User (the party that will ultimately use the image).
- Permissions—The license grants permission to the client for specified use of the image, like what category/type of media to use the image on, the distribution format, placement, quantity, size, duration, region, language, and exclusivity.
- Constraint—A permission can also be used as a constraint. The license start and end date is one constraint, that allows your client to use your image in a particular duration only and once the license is over the client would have to pay you an additional licensing fee in order to use your image. If applicable, you can also put media, region or product/service constraints on your image.
- Requirements—This includes all those things that do not fall under either permissions or constraints. These can be anything such as inserting a photo credit line with your image.
- Terms & Conditions—These can be additional terms and conditions which include payment and other transactional details.
- Image Information—Description of the image(s) associated with the license is one thing that you shouldn’t skip from the license description. The license description must define the quantity of images that may be used under the license.
As a professional photographer, building profitable, recurring income streams based on your work is incredibly important and Licensing your work lets you achieve that. Figuring out how to license your images doesn’t have to be overwhelming as there are plenty of resources available online that would help you navigate your way through the myriad of business, legal, and artistic considerations involved in licensing.
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