Image Rights + Licensing


All copyright remains that of OPAL IMAGERY STUDIO and under no legal circumstance is any image or set of images to be on forwarded/sold to a third party by the CLIENT.

In all circumstances, permission is to be granted by THIRD PARTY for images taken by OPAL IMAGERY STUDIO to avoid the misuse and an IMAGE RIGHTS AGREEMENT is to be obtained.

OPAL IMAGERY STUDIO remains the copyright holder and all ownership or permission for their imagery to be used by someone else eg. a stockist, third party client or photo agency. This requires a legal contract in an IMAGE RIGHTS AGREEMENT with outlined details on HOW the imagery can be used, how LONG the image rights is granted, and how much the compensation to the PHOTOGRAPHER.

An IMAGE RIGHTS AGREEMENT is to be signed by all parties before rights are granted and image use is permitted.

Here's a breakdown of what our IMAGE RIGHTS AGREEMENT involves:

  1. Ownership vs. Licensing: The PHOTOGRAPHER may choose to sell the complete ownership of the images or grant a license for specific uses while retaining the copyright. Selling OWNERSHIP means the buyer can use the images in any way they see fit without further permission from the PHOTOGRAPHER. Alternatively, LICENSING involves granting permission for specific uses while retaining control over how the images are used.

  2. Terms and Conditions: The IMAGE RIGHTS AGREEMENT will specify HOW the images can be used, WHERE they can be used, and for HOW LONG. For example, the CLIENT might be allowed to use the images for marketing purposes for a year, after which they would need to renew the license.

  3. Exclusive vs. Non-exclusive: The PHOTOGRAPHER may grant exclusive rights to the buyer, meaning they are the only one who can use the images for a certain period within a specified context. Non-exclusive rights allow the photographer to sell the same images to multiple clients.

  4. Compensation: The PHOTOGRAPHER will negotiate a fee for the use of the images. This fee can vary widely depending on factors such as the intended use of the images, the size and reach of the audience, and the exclusivity of the agreement.

  5. Usage Rights: The IMAGE RIGHTS AGREEMENT will outline the specific ways in which the images can be used. This might include print or digital advertisements, website use, social media, editorial use, etc. The photographer may restrict certain uses depending on their preferences and the nature of the agreement.

  6. Credit and Attribution: The IMAGE RIGHTS AGREEMENT specifies that OPAL IMAGERY STUDIO must be credited whenever the images are used. This is specific to social media and website use.

  7. Duration: The agreement will specify the duration of the license or ownership transfer. After this period expires, the CLIENT will need to renegotiate the terms if they wish to continue using the images.

OPAL IMAGERY STUDIO determines the price for image rights depending on several factors:

  1. Usage: The intended use of the photograph is crucial. Is it for a small local advertisement, a national campaign, or exclusive use by a single client? The broader the usage, the higher the price typically.

  2. Exclusivity: If the client wants exclusive rights to the image, meaning they're the only ones who can use it, the price will be higher compared to non-exclusive rights.

  3. Image Complexity: Some product images might require more time and effort to create due to factors like the complexity of the product, the need for special equipment or props, model use or intricate lighting setups. This will influence the price of each specific image.

  4. Duration of Use: How long the client intends to use the image can also impact pricing. Longer usage periods typically command higher fees.

There isn't a fixed rate for image rights, as it depends on all above factors and more. It's essential that OPAL IMAGERY STUDIO is granted time to carefully evaluate each project's specifics and negotiate terms that ensure fair compensation for their time, skill, and the value of their work.

These terms stand as an example of our full contract only. Full contracts and agreements are provided upon booking with OPAL IMAGERY STUDIO.