STILL PHOTO LICENSE (CONTROL/REPS)

Updated: Nov. 1, 2025

1. What is it?

A Photograph License Agreement is a legal document that gives a film producer (or other content creator) the right to use specific photographs in a movie, television show, or other audiovisual work. This form is for when a party confirms it has control over the asset being licensed.

It establishes the terms under which a Licensor (the owner of the photo) grants the Licensee (the filmmaker or production company) non-exclusive rights to use, reproduce, and display the photograph(s) in connection with the film and its marketing, distribution, and exploitation. This license is typically granted in exchange for consideration, such as credit or a licensing fee, and includes assurances regarding ownership and legal clearance.

2. Who is it for?

This agreement is essential for anyone including third-party photographs in a visual production that will be distributed to the public.

Typical users include:

·       Independent and studio film producers

·       Documentary filmmakers

·       Television networks and streaming platforms

·       Advertising agencies

·       Legal counsel and rights clearance teams

·       Production coordinators and archivists

3. What does it include?

The agreement contains several key legal terms designed to protect both parties and confirm proper licensing:

Key paragraphs and terms include:

·       Grant of Rights: A non-exclusive, worldwide, perpetual license to use the photograph(s) in connection with the motion picture, including all forms of distribution, promotion, and exhibition.

·       Warranties and Representations: Licensor affirms full ownership of the photograph(s) and that no third-party approvals or payments are required. This guarantees the Licensee they are not infringing on others' rights.

·       Indemnification: Licensor agrees to protect Licensee from any legal claims or costs stemming from a breach of the Licensor's warranties or representations.

·       Limitations of Liability: Licensor’s remedies are limited strictly to monetary damages, with no right to block or interfere with the production or release of the film.

·       Entire Agreement and Modifications: Clarifies that this contract is the full understanding between both parties, and no outside promises are enforceable unless included in writing.

·       Assignment: Allows the Licensee to transfer or assign their rights under the agreement to distributors, buyers, or partners.

·       Jurisdiction and Governing Law: Specifies that California law governs the agreement, and any legal disputes will be handled within California courts.

·       Execution and Delivery: Confirms that digital or scanned signatures are legally valid and the agreement can be executed in counterparts.

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