Photography Usage Rights Agreement

“Written by Leezer Kaur, a student".

Introduction

‘Agreement’ is defined under Section 2(e) of the Indian Contract Act, 1872, as a promise for some valid consideration. A photography usage rights agreement is a type of agreement that takes place between a photographer and a client concerning the use of the photographs. It provides the terms and conditions under which the photograph can be used by the client, for what duration, etc. A photograph is considered a piece of art created by a photographer and, therefore, is even granted a copyright for it.

Photography Usage Rights

These are legal rights that are granted to the owner of a photograph concerning the use of that photograph. These rights could provide the person with the privilege to use that photograph for personal or non-commercial or some official business purpose. It could also be related to the right to reproduce, the right to display, and the right to distribute, etc., a photograph. Other features of these rights include:

• These rights could be exclusive or non-exclusive, i.e. it may allow the photographer to provide rights to just one user or even to more than one user.

• These rights could be related to unlimited use of the photograph by the user or they may be limited to a specific field only.

• These could be provided to the user for a specific period only or an unlimited period as well.

The following are two important factors considered to charge for photography rights:

1. Market size- If there is more demand for his work, more price is charged. If the market size is smaller, then a comparatively lower price is charged.

2. Usage- If the rights are exclusively granted to one user, then more price is charged. Also, if it is provided for an unlimited duration, then more price is charged.

Particulars to be provided in a Photography Rights Usage Agreement

The following are the rights to be provided in a photography rights usage agreement:

• Details of the Parties: It must provide the parties' names and other important details entering into such photography usage rights agreement.

• Type of Use: It must prescribe for what purposes the photograph can be used and for purposes it cannot be used.

• Type of License: It must specify the license type granted. It may specify if it is exclusively provided to one user.

• Fees Charged: The agreement must specify the fee that is being charged by the photographer to give the photography usage rights to the client.

• Duration: The agreement must specify the period for which these rights are granted to the user, i.e. if these are limited by time or not.

• Termination of the Contract: It must also provide for the conditions under which the agreement could be terminated. It can also provide for the remedy or compensation in case of a breach of the agreement.

• Attribution of the work: It must also specify if the photographer wants his work to be attributed to him. For example, his name and signature could be put on the photograph.

• Editing Rights: It must specify if the user is entitled to edit the photograph as per his interest or not.

• Sublicense Rights: It must also specify if the user has entitled to further sub-license the photograph to a third party or not.

• Other Conditions: It must also specify any other important condition or limitation which the photographer would like to impose on the user concerning the use of the photograph.

Types of Photography Usage Agreement

The following are the common types of such agreements:

1. Product license

2. Photography License Agreement

3. Copyright License Agreement

4. Copyright Transfer Agreement

5. Intellectual Property License Agreement

Conclusion

A photography usage right refers to the right to use, reproduce, distribute, etc., a photograph. A photography usage rights agreement is an agreement between the photographer and a client concerning photography usage rights. Such an agreement must provide for details of the parties, the duration for which the rights are applicable, fees to be charged by the photographer, type of use, attribution of the work, sublicense rights, editing rights any such other conditions which the photographer wants to impose concerning the use of such rights.

References

1. 'What to Include in Your Photography Usage Rights Agreement?', Agency Access, available at: https://www.agencyaccess.com/blog/post/what-to-include-in-your-photography-usage-rights-agreement/#:~:text=A%20photography%20usage%20rights%20agreement%20is%20a%20legal%20contract%20that,is%20protected%20under%20copyright%20laws.

2. 'Guide to Photography usage agreements', available at: https://digital-photography-school.com/photography-user-agreements/.

3. 'Photo usage rights', available at: https://www.copytrack.com/how-to-license-images-correctly.

Follow us on LinkedIn, Facebook, and Instagram for more updates.