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There are generally two types of licensing agreements: exclusive and non-exclusive. An exclusive agreement grants one party the sole rights to use the photograph, while a non-exclusive agreement allows multiple parties to use the image. Understanding these distinctions is essential for anyone considering a Travis Texas Licensing Agreement of Certain Non-Electronic Rights in the Photograph of a Photographer.
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.
When you get a photo license, it means you have obtained permission to use a photo in a certain manner. It doesn't mean that you own the image outright, however, just that you may use the image for a certain period of time. Think of it this way: a license is like a permission slip for a field trip.
In a typical licensing agreement, the licensor grants the licensee the right to produce and sell goods, apply a brand name or trademark, or use patented technology owned by the licensor.
An exclusive license does not allow the photographer to license the image or images to other third parties during the duration of the agreement. A non-exclusive license allows the photographer to license the same image to other third parties under separate agreements during the same time frame.
Non-exclusive rights mean that you can sell your images to more than one person or entity. Include a clause wherein your client cannot further resell your images and make sure you understand the difference between exclusive and non-exclusive rights, so as not to make the wrong photo licensing agreement.
What is a Photo Licensing Agreement? A photography copyright agreement also known as an image licensing agreement or a photo rights contract is a legal contract that permits a person or company to use an image owned by another individual.
The licensing agreement should explain what the licensee can do with the license. It should say whether the license is exclusive or not. It should also discuss whether the licensor gets to use the license or cedes all rights to the licensee.
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.
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.