Commercial Photography Contracts & Licensing Agreements: A Quick Guide For Photographers

Imagine you’ve just landed an amazing photography gig with a popular brand. They want you to capture their latest product line. You can't wait to get started, but the legal side feels complicated... You want to give your client the right to use images, but keep some ownership as well. You might even want to earn royalties! To protect your work it’s important to understand the difference between a commercial photography contract and a licensing agreement.

As an attorney and a photographer, I know how much work goes into capturing and delivering beautiful photos. I want to help you get paid fairly and avoid legal headaches. 

Here are answers to some common questions about commercial photography contracts and photography licensing agreements.

What is Considered Commercial Photography?

First, let’s clarify that commercial photography involves a person or company hiring you to produce images to help sell or market a product or service.

Some examples of commercial photography are:

• Product photography, such as clean images of skincare products or home gadgets.

• Corporate headshots, such as portraits of board members or employees for business websites.

• Real estate photography, such as displaying a cozy Airbnb or bed & breakfast.

• Event photography, such as candid shots at corporate parties or product launches.

• Personal branding photography, such as images of small business owners or service providers.

• Non-profit photography, such as documenting a fundraiser for an organization.

Commercial photography goes beyond personal use. In commercial photography, you are providing your client with a valuable business tool. So it’s important for you to have the right legal tools so you get paid fairly.

Why Use a Brand & Commercial Photography Contract?

Just like a photography contract for portraits or weddings, a commercial photography contract includes sections like:

• A fees & retainer clause to outline your payment;

• A cancellation and rescheduling clause to protect your time and income;

• An inclement weather clause to guard against rainy days;

• And much more.

However, a commercial photography contract has clauses specific to commercial use. The most crucial one is a COMMERCIAL LICENSE.

A commercial license sets boundaries for how a company can use your images. It specifies what copyright rights (if any) that YOU keep as the photographer.

There are two options for licenses in commercial photography contracts:

1. The first option is to assign the copyright entirely to the client. This is standard in the industry. Still, you may want to charge a higher fee since you won’t retain rights to use the photos in your own marketing.

2. The second option is a limited commercial license. This allows you to retain copyright rights to your photos. This way you AND the company can use them for advertising.
   

This contract template from The Legal Paige includes essential clauses for commercial photography. It comes with commercial license terms written into it. You can select either licensing option and modify them as much as you want.

What is a Licensing Agreement for Photography?

A licensing agreement is a legal document that gives permission to use photos for specific purposes. It’s not a full brand & commercial photography contract. 

Typically, you use a licensing agreement to allow a third party to use photos you've taken for yourself or another client.

For example, imagine you took an epic picture of a couple on top of a mountain and put it on your website. Now an outdoor company wants to buy your image for a magazine ad. You could use a licensing agreement to allow the company to use your image for a set rate.

Another reason you might use a licensing agreement is to share with one department of a company you work with. For example, you might send a copy licensing agreement to the graphic design department to prove they have rights to the images. That way you’re not sending over the FULL contract payment details and everything else.

I get into the nitty-gritty of licensing agreements on this episode of The Legal Paige Podcast: Episode 140: How to Use Licensing Agreements to Protect Your Photography Business.

What Are the Two Types of Licensing Agreements?

Licensing agreements can be structured as Exclusive or Non-Exclusive.

1.  Exclusive Image Licensing Agreement
   This assigns the full copyright of images to the purchaser. For example, if you take headshots for a company and agree to never display them in your portfolio or license them to other businesses.
   
   
   

    

2. Non-Exclusive Licensing Agreement
   This image licensing agreement gives the purchaser rights to the images, but you have more flexibility and opportunity to use them yourself. (This type of licensing agreement is much more common.)

   For example, you could license a landscape image to a travel magazine, then later license it to a calendar company, and again to a local tourism board. 

   You might also limit licensing to a specific amount of time. For example, you license images to a small business for one year. Then you renew at a higher rate if the business has grown.

Can you make money licensing photos?

Yes! Most licensing agreements come with royalties or flat-rate licensing fees. 

For a flat-rate licensing fee, you charge the company a one-time fee to use your photos. 

Royalties are based on usage or sales. For example:

• Percentage of sales: Charging based on the revenue the company generates with your images (e.g. 5%-15%)

• Image usage: Charging based on how often the company uses the photo (e.g., per print run or online impression)

• Length of time: For example, charging an annual fee for rights to the images.

It’s up to you how you want to make money licensing photos. Whatever you choose, make sure it’s laid out clearly in your licensing agreement.

Remember, you work hard to get the perfect shot. No one should be using your photos for commercial reasons without your permission!

Summary: What is the Difference Between a Commercial Photography Contract and a Licensing Agreement?

A brand and commercial photography contract is the FULL agreement between you and a person or company that hires you for branding photos. It covers all the legalities of your brand shoot and deliverables. 

The contract includes your rates, model release, image delivery timeline, and more. It also includes a commercial license that sets out the copyright terms. So if you’re setting up a brand photoshoot, this one covers all your legal bases.

On the other hand, an image license agreement is specifically for permission to use your photos. For example, you can use it to give a third party permission to use images from your portfolio for a fee. You never know what other brands may want to use them!

You can download an attorney-written commercial photography contract licensing agreements from The Legal Paige. Our templates are clear and comprehensive. They’re easy to customize so you have flexibility and get fair compensation and credit for your unique brand photos.

SHOP THE BRAND AND COMMERCIAL PHOTOGRAPHY CONTRACT

SHOP PHOTO LICENSING AGREEMENTS