Contracts
Photography Usage Rights Agreement
Florida
Can a photography license agreement restrict the use of photographs taken in public places?
As a professional photographer, I often capture images in public places, such as city streets and parks, and license them to clients for various purposes. Recently, I received a photography license agreement from a potential client that includes a clause restricting the use of photographs taken in public places without obtaining additional permissions or model releases. I am unsure if such a clause is legally enforceable and if it infringes on my rights as a photographer to freely capture and license images in public spaces. Can a photography license agreement restrict the use of photographs taken in public places, and if so, what are the limitations and considerations that need to be taken into account?
Answers from 1 Lawyer
Answer
Contracts
Florida
Ralph S.
ContractsCounsel verified
You can put pretty much any kid of restriction in your agreement and decide what you want and not want transferred. It's your artistic work, it does not matter what the picture is of (I guess maybe it's difficult to prove the photo is yours?). However, in a breach of contract situation, you need to show your damages. I would consider some liquidated damages provision that they would pay you a set amount if it used for any other purpose.
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