First, you should be aware that the license grants procedural use and scope. Only one particular use is allowed. Second, the description must ensure that the client understands what he can and cannot do with the photos. Third, it protects your photos from unauthorized use. So what is a usage agreement and why do you need it? 1.3 The term «taker» refers to the person or entity named in the invoice as a «licensee» who obtains the rights to the materials granted, as shown below. The modes of use describe the configuration of the use in relation to the content. The most common uses that are governed by image licensing agreements are: BUY OUT — This is a very imprecise term used to describe the granting of extremely broad user rights. It has no real legal definition. It`s an incredibly vague term, and I discourage everyone from a buy-out. First, people who ask you to do so may feel that they are acquiring the copyright to the images if they are not. I`m also not a big fan of unlimited use (unless the customer pays a premium for it), but it`s best to take a buy-out. If your client insists on a buy-out, it is imperative that you make sure they are clear about the concept.
«Rights-Managed» (RM) is a traditional description of image licenses granted, for example, to image agencies for historical material or to iconic, well-known photos. The use of images with this type of license is strictly regulated. The rights to use images for high-quality images are often granted exclusively and, in many cases, the photographer transfers all rights to use his image. Having a copyright in a photo does not in itself pay off. A photographer may charge a session fee or other fees related to a photo shoot. When a photographer takes photos where he retains copyright, the development of a photo license agreement to sell the use to clients becomes a great way to get income from work. CONSTRAINTS — Anything that can be displayed as an authorization can be used as a restriction. For example, I can give permission for my photo to be used on the cover of a magazine and accompany the article a second time in the magazine. In theory, publication can be prevented from reproducing the inner image, which is smaller than an agreed size. As a general rule, the biggest restriction is duration. Your client is allowed to use the image from one date to another.