A stock photo license agreement template is a legal document that outlines the terms and conditions between a photographer or stock agency and a user who wants to license and use the photos for various purposes. It establishes the rights, responsibilities, and limitations of both parties involved in the transaction.
Section 1: Overview of Stock Photo License Agreement
The stock photo license agreement serves as a contract between the photographer or stock agency, known as the licensor, and the user, known as the licensee. It defines the scope of use, duration, and any restrictions or limitations on the use of the licensed photos. This agreement is essential to protect the rights of the photographer and ensure that the user complies with the agreed-upon terms.
Section 2: Parties Involved
The agreement should clearly identify the parties involved. It should include the full legal names and contact information of the licensor and licensee. If the licensee is a company or organization, their legal entity name and address should be specified. This section also clarifies the intent of the agreement, stating that the licensor grants the licensee the right to use the licensed photos under certain conditions.
Section 3: License Grant
This section outlines the specific rights and permissions granted to the licensee. It states the purpose of the license, such as commercial or non-commercial use, and may include limitations on the number of copies, territories, or media types in which the photos can be used. The agreement should also specify whether the license is exclusive or non-exclusive.
Section 4: Permitted Uses and Restrictions
Here, the agreement details the acceptable uses of the licensed photos. It may include restrictions on using the photos in sensitive or controversial subjects, such as adult content, violence, or defamation. The licensor may also impose restrictions on altering or modifying the photos without prior consent.
Section 5: Payment and Royalties
This section covers the financial aspects of the agreement. It specifies the payment terms, including the license fee or royalty rates, and the method of payment. It may also include provisions for additional fees or royalties if the licensed photos are used beyond the agreed-upon terms.
Section 6: Copyright and Ownership
This section clarifies the ownership and copyright of the licensed photos. It typically states that the licensor retains full copyright and ownership of the photos, and the licensee does not acquire any ownership rights through the license agreement. It may also include provisions for giving credit to the photographer or stock agency when using the photos.
Section 7: Indemnification
The indemnification clause protects the licensor from any legal claims or liabilities arising from the use of the licensed photos by the licensee. It states that the licensee will indemnify and hold the licensor harmless against any claims, damages, or losses resulting from the use of the licensed photos.
Section 8: Termination
This section outlines the conditions under which either party can terminate the agreement. It may include provisions for termination due to breach of contract, non-payment, or other specified reasons. The agreement should also specify the consequences of termination, such as the obligation to remove the licensed photos from any published materials.
Section 9: Governing Law and Dispute Resolution
This section specifies the governing law that applies to the agreement and the jurisdiction for resolving any disputes that may arise. It may include provisions for mediation or arbitration as alternative dispute resolution methods.
Section 10: Miscellaneous
The miscellaneous section includes any additional provisions that are not covered in the previous sections. It may include provisions for amendments or modifications to the agreement, the entire agreement clause stating that the written agreement supersedes any prior verbal or written agreements, and the severability clause stating that if any part of the agreement is deemed invalid, the remaining parts still hold.