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What is a Digital Image Licence?
A Digital Image Licence allows someone to use a copyrighted image for personal or professional purposes.
Photographers and digital artists often use Digital Image Licences to sell usage rights to their clients. This contract is essential because it protects the image owner’s intellectual property rights and allows clients to use the photos without breaching copyright laws.
Although you can customise your document to suit your needs, a typical Digital Image Licence includes terms such as:
- The price of the image(s) and payment details
- Usage rights and restrictions
- Any warranties
A Digital Image Licence Agreement is also known as a/an:
- Image licencing agreement
- Photography user agreement
- Photo licencing agreement
What are image intellectual property rights?
Intellectual property laws in Australia and around the world can protect image owners from third parties who may use their images unfairly or without permission.
These laws give automatic and exclusive rights to photographers, designers, and artists whenever they create an image. If the creator works for a company, the company typically retains these rights (unless specified otherwise in a contract).
How do I apply my intellectual property rights?
You can assert your intellectual property rights by granting a Digital Image Licence to the individual or company interested in using your images.
A Digital Image Licence allows an image creator to retain their copyright and get paid for the use of their images. With a licencing agreement, a buyer can obtain permission to use the images in a certain way and for a set period of time.
If someone breaches the Digital Image Licence agreement or your intellectual property rights, consider sending a Cease and Desist Letter to notify them of the problem. If they don’t comply with your requests, you can take legal action against them.
How do I make a Digital Image Licence?
Use LawDepot’s Digital Image Licence template to generate your custom document.
Working from the template is useful because you can change the terms to match your clients’ different needs while retaining the boilerplate terms that protect your rights.
You’ll need the following information to create your Digital Image Licence.
Product details
Write a description of the digital images you’re licencing. Provide as much identifying information as is needed for a complete description. For example, a photography session may come with a package of 50 to 100 edited photos. A digital image description might include the file name, type, and size.
Next, specify the purpose of the licence:
Personal (i.e., non-commercial) use means the buyer cannot use the images to make a profit. For example, they can’t print the images on a coffee mug, article of clothing, or another product and sell it to a consumer. Likewise, the buyer can’t publish the image in a book for sale or alongside an article or post without commercial permission.
However, they can use the images by displaying them on a personal computer or website or making prints to display at home. They could also use the images for educational or informational purposes (e.g., showing and discussing an image in a classroom setting).
Commercial use means the buyer can use the images to make a profit. In this case, you may wish to specify which commercial activities you approve of, such as:
- Reproductions of the images in various media
- Using the images to create merchandise or ads
- Printing and selling the images in publications
If the buyer will use the Digital Image Licence for reasons other than personal or commercial use, you can use the “Other” option to describe the purpose in your own words.
Party details
State the full names and contact information for both the buyer(s) and the seller(s).
Contract length
Specify whether the buyer can rent the image for a fixed term or indefinitely. If it’s for a fixed term, state the date the contract ends. In either case, state the date the contract starts as well.
Payment details
Set a price for the Digital Image Licence. How much you charge for a digital image may depend on whether you’re a photographer, graphic designer, or visual artist. Research the average rates for digital images in your particular field. You may also want to consider the size of the files and how much time you spent rendering or editing them. These factors may affect your overall price.
You should also specify how the buyer will pay (e.g., cash, cheque, bank draft, or internet transfer) and whether it’ll be in a lump sum or instalments.
If you require the buyer to pay a deposit, state the amount, when it’s due, and whether it’s refundable if the transaction isn’t completed.
Terms
Our template includes standard restrictions on use, such as:
- Re-selling, sub-licencing, or re-distributing images
- Using the images in an obscene, defamatory, immoral, or illegal way
- Altering the images
- Allowing others to use, download, or redistribute the images
Optional terms in the template include:
- Allowing the buyer to assign the licence (i.e., a non-exclusive agreement)
- Limiting the number of reproductions
- Limiting the market or audience
If needed, you can also write extra restrictions in your own words. Alternatively, if you need to remove restrictions from the template, you can easily use LawDepot’s document editor to make final changes.
You can also include a warranty if you’re not selling the product “as is.” In this case, you warrant that the images will be free from defects as long as the buyer uses them normally. If the images become defective within a set time frame, you’ll replace the product or refund the buyer.
Final details
To minimize the chance of a drawn-out and pricey legal battle, you can include a term to address dispute resolution. This way, your Digital Image Licence states that any disputes that arise should be settled through mediation and arbitration. You can also specify who will pay these costs. Including these details in your document shows your clients that you’re prepared to defend your rights.
The template also includes a space for you to write your own terms as needed. However, most Digital Image Licence agreements won’t need any other terms.
Can you use a copyrighted image if you give credit?
The law allows for the unlicenced use of a copyrighted image if it constitutes fair dealing (i.e., fair use), which courts evaluate on a case-by-case basis.
Even if it doesn’t qualify as fair dealing, a person is more likely to avoid a legal battle with the image owner if they give them proper credit.
Courts evaluate fair dealing by looking at factors such as:
- The purpose and character of the use: courts are more likely to consider educational or personal purposes as fair over commercial uses.
- The nature of the copyrighted work: courts are more likely to protect creative works than factual ones.
- The quantity and quality of the copyrighted work used: courts are more likely to support a small amount of use than a large amount.
- The extent of harm to the owner’s market: courts consider whether the unlicenced use has (or may have) a negative impact on the copyright owner’s income.
Anyone who is unsure whether their use of a copyrighted image constitutes fair use should contact the image owner and ask for a Digital Image Licence.
