Recent Answers to Photography Usage Rights Agreement Law Questions

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?

Ralph S.

Answered Jul 25, 2025

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.

I recently hired a photographer to capture some professional headshots for my business. During our discussion, the photographer mentioned a Photography Usage Rights Agreement, which they said would grant me the rights to use and reproduce the photos. I'm curious to know if this agreement is legally binding and if it means the photographer is transferring their copyright to me, or if there are any limitations or restrictions I should be aware of.

Sara S.

Answered Jul 18, 2025

It sounds like you are being granted a license to use the photographs, rather than own them. An experienced intellectual property attorney will be able to tell you more.

I am a professional photographer and I often provide clients with a license agreement that outlines the terms of our working relationship. Recently, I had a client who edited one of my photos without my permission, resulting in a distorted and low-quality image that does not reflect my artistic vision. This incident made me wonder if it is possible to include a clause in my license agreement that explicitly prohibits clients from making any edits or alterations to the photos I provide them. I want to protect my artistic integrity and ensure that my work is not misrepresented or misused by others. Can I legally include such a clause in my photography license agreement?

Dolan W.

Answered Oct 22, 2024

Hello! My wife does photography so I understand how frustrating this may be. The answer is yes; you can. Technically, you own the copyright and you are allowed to give copies to your clients. As a condition, you can state in your contract that alterations of any kind are prohibited or may require your approval first. We're happy to help take a look at the contract for you and add those terms! Best of luck! Dolan

I recently hired a photographer to take some professional headshots for my business. The photographer sent me a license agreement that includes a clause stating that I am not allowed to edit or alter the photographs in any way without their express permission. While I understand the importance of protecting the photographer's work, I also want to have the flexibility to make minor adjustments or enhancements to the images for my specific business needs. I'm wondering if this clause is legally enforceable and if there are any potential repercussions if I were to make edits without seeking permission.

Merry K.

Answered Sep 3, 2024

When entering into any type of contract with anyone and about anything, one of the parties can include any terms they desire as long as the term is not illegal. If you signed the license agreement before the photographer completed the work for you, you will need to seek and obtain express permission to edit or alter the photographs. If, however, the photographer sent you the agreement after he or she completed the work, including sending you the photos, and you paying for it, the photographer can't make you sign a contract after the fact, and such terms would likely not be enforceable. If you signed the agreement before the work was done, and you alter the photos, the photographer could sue you for breach of contract, copyright violation, and perhaps a few other types of intellectual property claims. If you like the photographer's work, it's best to work out arrangements with him or her or the company, because you may want a good relationship with them going forward. Moreover, the photographer may have a better skillset in regards to editing the photos to meet your needs. Please note that I am not accepting new work until the end of October - I just wanted to answer your question; I'm turning down all offers of work at this time. I also do not engage in litigation any more.