Photo licensing explained, in plain English
Editorial vs commercial. Exclusive vs non-exclusive. Scope, term, territory. What every licence should put in writing.
A licence is permission to use a photo for a defined purpose, time, and place. If you don't put those three things in writing, you've effectively given someone unlimited rights to your photo. They will use them.
Editorial vs commercial
Editorial use is news, education, and illustration. Think magazines, blog articles, documentaries. Commercial use is anything that promotes a product or service. Ads, packaging, brand content. Commercial use almost always needs a model release (for identifiable people) and often a property release (for identifiable buildings, art, or branded items). Charge more for commercial. It's a different product.
Scope, term, territory
- Scope: where the photo will appear (website, print run, billboard, packaging).
- Term: how long they can use it (one campaign, one year, in perpetuity).
- Territory: where it's distributed (Australia only, global).
Exclusive vs non-exclusive
Non-exclusive means you can sell the same photo to other clients. Exclusive means you can't, and it should cost significantly more. Make sure the contract says which one it is. "Sole use" is ambiguous and will cause arguments later.
What a basic licence line should say
"Client may use [photo title or ID] for [scope] in [territory] for [term]. Use beyond this requires a new licence. Photographer retains all other rights including copyright."