STILL PHOTO LICENSE (QUITCLAIM)

Updated: Nov. 1, 2025

1. What is it?

A Photograph Quitclaim License Agreement is a legal document in which the Licensor transfers or “quitclaims” any rights they might have in a specific piece of material to the Licensee. The Licensor essentially gives up any claim to ownership or control over the material, granting the Licensee a non-exclusive right to use it as described. Importantly, the Licensor offers no warranties or guarantees about the material’s clearance or rights, leaving the Licensee responsible for verifying and clearing all necessary rights (including music or third-party rights) for the intended use. This agreement usually involves minimal or nominal consideration (payment), sometimes as low as one dollar, to formalize the transfer of rights.

2. Who is it for?

This type of agreement suits producers, filmmakers, editors, or content creators who need to use third-party materials but want a simple, straightforward transfer of whatever rights the Licensor has without extensive warranties. It is often used when full rights clearance is complicated, or when the Licensor may not have complete ownership but can still transfer whatever interest they hold. Typical users include:

·       Independent filmmakers or documentarians

·       Video editors using archival footage or music

·       Producers incorporating third-party clips or audio

·       Content creators needing quick licenses without complex guarantees

3. What does it include?

The agreement includes a grant of a non-exclusive right for the Licensee to use the material in a specified project, detailing how the material will be used (e.g., in a film, commercial, or other media). It specifies the consideration (payment) for the transfer, often nominal, and confirms that the Licensor does not warrant or guarantee any rights related to the material, especially clearances or copyrights. The Licensee assumes full responsibility for ensuring all rights are cleared for their intended use. The agreement also covers execution formalities like binding electronic signatures and the requirement that both parties keep fully executed originals for their records.

Key terms and paragraphs include:

·       Grant of Rights: Non-exclusive license to use the specified material in the named project.

·       Consideration: Amount paid (often nominal, e.g., $1.00) for the license grant.

·       No Warranty: Licensor disclaims all warranties, including clearance of rights and music rights.

·       Licensee Responsibility: Licensee responsible for clearing all rights, permissions, and licenses.

·       Condition Precedent: License depends on full payment of consideration by a specific date.

·       Execution and Delivery: Binding nature of electronic/facsimile signatures and requirement to retain originals.

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