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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:
The Parties have executed this Digital Image License on this _____ day of _____________, 20____.
__________________________________________________ (Seller)
__________________________________________________ (Buyer)
A Digital Image License Agreement is also known as a/an:
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:
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 Independent Contractor Agreement.
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.
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 Model Release.
If someone breaches the Digital Image License 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 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.
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.
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:
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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