What is a Digital Image License?

A Digital Image License, also known as an image licensing agreement, allows an individual or a company to use a copyrighted image for personal or professional purposes. This agreement specifies: Whether the client may rent the image(s) from the copyright owner for a fixed time or indefinitely The price of the image(s), a payment schedule, and deposit details (if needed) Restrictions of use, such as an image reproduction limit If the client has permission to assign their license to another party Any warranties Photographers commonly use Digital Image Licenses to sell usage rights to clients that hire them for photoshoots. This contract protects the photographer’s images and allows clients to use the photos without breaching copyright. To outline an hourly session fee and other service details, use LawDepot’s ProductLink code="SRVIC" text="Independent Contractor Agreement".

What are image intellectual property rights?

Digital images are items of intellectual property (intangible property that is the result of creativity). When a photographer, designer, or artist creates a digital image, they automatically own exclusive rights to their intellectual property. Generally, if the image creator works for a company, the company retains the intellectual property rights. In any case, copyright laws in the United States aim to protect image owners from third parties who may use the intellectual property unfairly or without permission. A Digital Image License allows an image creator to retain their copyright and get paid for the use of their images.

How do I apply my intellectual property rights?

You can assert your intellectual property rights by granting a Digital Image License to the individual or company interested in using your images. In exchange for money, you give the buyer permission to use the images in a certain way for a set period of time. For instance, a wedding photographer may grant a married couple permission to use photos from their shoot for personal reasons. In this case, the couple may display the images on personal platforms indefinitely, as long as the photos remain unaltered and give proper credit to the photographer. The wedding photographer may also allow a wedding planning business to license these images for use on their website. In this case, the photographer would give the company permission to use the images commercially. The photographer may agree to let the images undergo minor editing, but limits the number of times the business can reproduce them. Keep in mind that the people in the pictures should also give the photographer permission to sell the photos by signing a ProductLink code="MODRLS" text="Model Release". If someone breaches the Digital Image License agreement or your intellectual property rights, consider sending a ProductLink code="CEASE" text="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 much should I charge for a digital image?

How much you charge for a digital image may depend on whether you’re a photographer, graphic designer, or a 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.

What is the non-commercial use of an image?

Non-commercial use of an image means the buyer cannot use the image to make a profit. In this case, the buyer may use the image personally by displaying it on a personal computer or website or making prints to display at home. Non-commercial use does not allow the buyer to print the image 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 permissions.

Can you use a copyrighted image if you give credit?

The law allows for the unlicensed use of a copyrighted image if it constitutes fair use (which courts evaluate on a case-by-case basis). Even if your use doesn’t qualify as fair use, you’re more likely to avoid a legal battle with the image owner if you give them proper credit. Courts evaluate fair use 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 unlicensed use has (or may have) a negative impact on the copyright owner’s income. If you’re unsure whether your use of a copyrighted image constitutes fair use, contact the image owner and ask for a Digital Image License.

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Digital Image License

Digital Image Description

What is the digital image license for?

Digital Image

Describe the product: How should I describe the product?Type (e.g. photo, trademark) file number, name (e.g. photos of Joe Smith, trademark for Vector Advertising), format (e.g. JPEG), number (e.g. 100 photos)

e.g. 50 digital photos from photography session on July 1, 2022

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Do you want to attach further information about or pictures of the digital image(s)?

Yes

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Digital Image License

Read these terms and conditions carefully before using or purchasing the Digital Image from the Seller. By using or purchasing the Digital Image from the Seller, you agree to be bound by the terms and conditions of this Agreement. If you do not accept the terms and conditions in this Agreement, do not use or purchase the Digital Image from the Seller.

THIS DIGITAL IMAGE LICENSE (the "Agreement") dated this _____ day of _____________, 20____

BETWEEN:

____________________ of ________________________________________________________________________________
(the "Seller")

OF THE FIRST PART

- AND -

____________________ of ________________________________________________________________________________
(the "Buyer")

OF THE SECOND PART

(individually the "Party" and collectively the "Parties")

IN CONSIDERATION OF the Seller providing the Digital Image to the Buyer and the Buyer paying the Seller the Purchase Price, and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

Digital Image
The Seller owns and is providing to the Buyer the digital image or digital images described below (the "Digital Image"):
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________.
License
The Digital Image is the property of the Seller and is copyrighted by law. The Digital Image shall not be copied, published, or used in any way except as provided for in this Agreement. The Seller reserves the right to use the Digital Image on the Seller’s website and for the Seller’s own marketing or advertising purposes.
The Seller will provide the Digital Image to the Buyer from _____________________ (the "Contract Start Date") to _____________________ (such period, the "License Term").
Permitted Use
The Buyer shall only use the Digital Image in accordance with this Agreement.
The Buyer shall use the Digital Image for personal, non-commercial use only, and subject to the restrictions on use set out in this Agreement (the "Permitted Use") for the duration of the License Term.
Personal, non-commercial use means the Buyer may display the Digital Image on their personal computers and may print the Digital Image for personal use. The Buyer may also display the Digital Image on their personal websites, so long as the Digital Image is unaltered and includes a direct link to the Seller’s website or credit to the Seller.
The Buyer may share the Digital Image to its personal social media platforms so long as the Digital Image is unaltered and includes a direct link to the Seller’s website or credit to the Seller.
Restrictions on Use
The Buyer shall not resell, sub-license or redistribute the Digital Image except as provided for in this Agreement.
The Buyer shall not use the Digital Image in a commercial manner to earn money, for marketing or advertising purposes, or in a trademark, except as provided for in this Agreement.
The Buyer shall not use the Digital Image in an obscene, defamatory or immoral way.
The Buyer shall not use, and shall not allow to be used, the Digital Image for any purposes prohibited by the laws of the United States.
The Buyer shall not alter the Digital Image in any way.
The Buyer shall not allow others to use the Digital Image and shall not use the Digital Image in a way that allows others to download or redistribute the Digital Image except in accordance with this Agreement.
Price
The Buyer will pay ____________________ (the "Purchase Price"), for the Permitted Use of the Digital Image, paid by cash on or before the Contract Start Date.
Warranties
The Seller warrants that the Seller is entitled to grant the use of the Digital Image described in this Agreement, and that this Agreement does not infringe the rights of third parties.
The Digital Image is provided "as is" to the Buyer. The Seller, and its officers, employees, agents and suppliers, do not provide any warranty, whether express or implied, as to the Digital Image.
Liability & Indemnity
The Seller will not be liable for any third party claims, losses, damages, liabilities, penalties, punitive damages, expenses, legal fees or costs of any kind or amount whatsoever resulting from the Buyer’s use of the Digital Image.
The Buyer agrees to defend, indemnify and hold harmless the Seller and its officers, employees, agents and suppliers against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever resulting from or arising out of the unauthorized use of the Digital Image by the Buyer, or its officers, employees, agents or suppliers, or the Buyer's breach of this Agreement.
Expiry or Termination
This Agreement will expire on _____________________ unless the Parties decide to renew, or unless otherwise terminated for any of the reasons set out below.
This Agreement shall terminate immediately upon the failure of the Buyer to comply with the terms and conditions herein.
The Seller reserves the right to cancel this Agreement immediately:
1. if the Buyer fails to make a payment when due; or
2. in the event of the Buyer's insolvency or bankruptcy.
The Seller reserves the right to discontinue the license and terminate the Agreement immediately, as well as to commence legal proceedings, if any copyright infringement has taken place due to the Buyer’s unauthorized use of the Digital Image.
Upon expiry or termination of this Agreement, the Buyer shall discontinue the use of the Digital Image, and shall destroy all copies and archives of the Digital Image.
Intellectual Property Rights
The Seller retains all intellectual property rights in the Digital Image, including the sole copyright to the Digital Image. Nothing in this Agreement shall operate to transfer, assign or otherwise grant any party any right or interest in the Seller's intellectual property rights or affect ownership by the Seller of intellectual property rights with regard to the Digital Image.
Any use, under any conditions not specifically allowed for in this Agreement, may constitute a violation of federal copyright law or international copyright agreements.
The Buyer shall not falsely represent that they are the original creator of the Digital Image.
Export Laws
In order to purchase a license for the Digital Image, the Buyer must be in compliance with applicable export laws.
The Buyer shall not ship, transfer or export the Digital Image to any country in a manner prohibited by the laws of the United States or use it in any manner prohibited by the laws of the United States.
Severability
If there is a conflict between any provision of this Agreement and the applicable legislation of the United States (the "Act"), the Act will prevail and such provision of the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement.
If any terms or provisions of this Agreement are determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement will not be affected and each unaffected term and provision will remain in full force and effect.
Governing Law
This Agreement will be governed by and construed in accordance with the laws of the United States, without regard to the jurisdiction in which any action may be instituted. The Buyer agrees to submit to the jurisdiction of the courts of Virginia to bring any action or for the enforcement of this Agreement. Notwithstanding, the Seller reserves the right to commence legal action to obtain injunctive relief in any court of competent jurisdiction.
Assignment
The Buyer may not assign or transfer the Agreement or any rights granted within without the prior written consent of the Seller, and any attempted assignment or delegation without such consent will be void.
The Agreement will inure to the benefit and be binding upon the Seller and the Buyer and their respective successors and assigns.
Agreement of Parties
This Agreement constitutes the entire agreement between the Seller and the Buyer with respect to the subject matter hereof and there are no further items or provisions, either oral or otherwise.
The provisions contained in this Agreement cannot be changed except by the signed and delivered written consent of both Parties.
General Provisions
Headings are inserted for convenience only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
Except where otherwise stated in this Agreement, all terms employed in this Agreement will have the same definition as set forth in the Uniform Commercial Code in effect in the State of Virginia on the date of execution of this Agreement.
This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
All monetary amounts in this Agreement refer to the United States dollar (USD), and all payments required to be paid under this Agreement will be paid in USD unless the Parties agree otherwise in writing.
Time is of the essence in this Agreement.