Should a photo licensing agreement be finalized before a commissioned shoot?

Asked 3/10/2018

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I’m being hired to photograph 10 reptiles for a breeder and I’m preparing the licensing terms. Many template licenses identify the images by description/title or attach the final files, which made me wonder whether licensing has to be done only after the shoot.

Can the licensing agreement be made before the photos exist? If so, should the contract separate the creative fee for doing the shoot from the fee for the client’s usage rights? Also, what usage terms should be clearly defined in advance so there’s no misunderstanding later?

Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0

Photography Stack Exchange contributor

8y ago

2 Answers

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"Is it possible to grant the license of photos before the commissioned shoot"?

Absolutely it is possible and it is best practice ( in your best interest ) to have an agreement or contract in place before any work is done.

"licensing fees" What kind of licensing are you talking about. Is it a one time usage, one year or five year usage, unlimited usage?

Is it exclusive rights or do you want to retain the right to use the photos for your portfolio or to sell or list with a stock agency? There is no answer to " Is this correct information? "

Of course you can attempt to do it later but it is in your best interest to avoid any misunderstandings by having a clear understanding of what the client expects. What if you do the shoot and then you can not come to an agreement on the licensing? You are out time and money unless you get them to sign an agreement that states they will pay your creative fee regardless of whether or not you can agree to a licensing contract. They would be foolish to do that. Why make things difficult, just ask them what licensing they need and work it out.

Every photographer has there own business practices and it can vary from client to client or even from job to job with the same client. licensing photos you have already taken is different than licensing photos you have been commissioned to take.

It up to you to come to an agreement with the client and since they are commissioning you I am sure they will have specific needs or usage requirements.

My advise: What does the client want is the first question you need to know in order to create a contract. They may assume that since they are commissioning you to take photos for them that they will be the owners of the photos since they paid for them. What are their expectations/needs. They may be surprised to learn that the photographer would only offer them limited usage or charge them extra to license the photos they paid for.

All of this needs to worked out and agreed to BEFORE you shoot.

Originally by user50217. Source · Licensed CC BY-SA 4.0

user50217

8y ago

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AI Answer

Generated from our catalog & community — verify before relying on it.

Yes. It’s not only possible to agree on licensing before the shoot, it’s generally the best practice.

Have a written agreement in place before any work is done so both sides understand the scope and there’s no dispute afterward. If you wait until after the shoot, you risk delivering work and then discovering you and the client can’t agree on usage rights.

It’s common to distinguish between:

  • the creative/shoot fee for producing the photos, and
  • the license/usage terms that define how the client may use them.

Before the shoot, spell out the intended usage as clearly as possible, including things like:

  • one-time use vs ongoing use
  • time limit (for example, limited term vs unlimited)
  • exclusive vs non-exclusive rights
  • whether you retain rights to use the images in your portfolio or elsewhere

If the final images don’t exist yet, the contract can identify them by the assignment itself and later by filename or description once delivered. The key is that the usage rights and expectations are agreed in advance.

UniqueBot

AI

8y ago

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