Photo Licence Agreement (UK)
This Photo Licence Agreement (the “Agreement”) is entered into on [Effective Date] (the “Effective Date”) by and between:
[Licensor Name], [Licensor Type], with its principal address at [Licensor Address], [Licensor City], [Licensor County], [Licensor Postcode] (hereinafter referred to as the “Licensor”); and
[Licensee Name], [Licensee Type], with its principal address at [Licensee Address], [Licensee City], [Licensee County], [Licensee Postcode] (hereinafter referred to as the “Licensee”).
The Licensor and the Licensee are referred to collectively as the “Parties” and individually as a “Party”.
BACKGROUND
The Licensor is the author and copyright owner of the photographs described in clause 1 below (the “Photographs”), which are protected as artistic works under the Copyright, Designs and Patents Act 1988 (the “CDPA 1988”).
The Licensee wishes to obtain a licence to use the Photographs for the specified purposes, and the Licensor is willing to grant such a licence on the terms and conditions set out in this Agreement.
NOW, THEREFORE, in consideration of the mutual obligations herein and for good and valuable consideration, the Parties agree as follows:
1. THE LICENSED PHOTOGRAPHS
1.1 The photographs subject to this Agreement (the “Photographs”) are described as follows: [Photo Description].
1.2 The Licensor is the author and first owner of copyright in the Photographs pursuant to section 9 and section 11 of the CDPA 1988. The Licensor’s copyright in the Photographs subsists for the life of the Licensor plus seventy (70) years in accordance with section 12 of the CDPA 1988.
2. GRANT OF LICENCE
2.1 Subject to the terms and conditions of this Agreement and receipt of the Licence Fee, the Licensor hereby grants to the Licensee [Licence Exclusivity] licence to use, reproduce, publish, display, and distribute the Photographs solely for the following permitted purpose(s): [Permitted Use] (the “Permitted Use”), within the territory of [Licence Territory] (the “Territory”), during the Term.
2.2 The Licensee shall not use the Photographs for any purpose other than the Permitted Use without the prior written consent of the Licensor.
2.3 The Licensor retains all copyright and other intellectual property rights in and to the Photographs. Nothing in this Agreement shall be construed as an assignment of copyright or any other intellectual property right to the Licensee.
2.4 The Licensee shall not sub-licence, assign, or transfer its rights under this Agreement to any third party without the prior written consent of the Licensor.
3. PROHIBITED USES
3.1 The following uses of the Photographs are expressly prohibited: [Prohibited Uses].
3.2 Any use of the Photographs that constitutes an act restricted by copyright under sections 16–27 of the CDPA 1988 and that falls outside the scope of the Permitted Use granted by this Agreement shall constitute copyright infringement. The Licensor reserves all rights not expressly granted under this Agreement.
3.3 The Licensee shall not remove, obscure, or alter any copyright notice, watermark, or metadata associated with the Photographs.
4. TERM
4.1 This Agreement shall commence on the Effective Date and shall continue for [Licence Duration] (the “Term”), unless terminated earlier in accordance with clause 8.
4.2 On expiry of the Term, the licence granted under this Agreement shall terminate automatically and the Licensee shall cease all use of the Photographs.
5. LICENCE FEE
5.1 In consideration for the licence granted under this Agreement, the Licensee shall pay to the Licensor: [Licence Fee].
5.2 All payments shall be made in pounds sterling (GBP) by bank transfer to the account nominated by the Licensor in writing.
5.3 All sums payable under this Agreement are exclusive of VAT, which shall be added at the applicable rate where chargeable.
5.4 Interest on overdue payments shall accrue at the rate of 8% per annum above the Bank of England base rate, pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
6. MORAL RIGHTS AND ATTRIBUTION
6.1 The Licensor asserts their moral right to be identified as the author of the Photographs pursuant to section 77 of the CDPA 1988 (the right of paternity). The Licensee acknowledges this assertion and agrees to credit the Licensor as follows whenever the Photographs are published or publicly displayed: [Attribution Requirements].
6.2 The Licensee shall not subject the Photographs to derogatory treatment (including cropping, colourisation, distortion, or combination with other material) in a manner that is prejudicial to the honour or reputation of the Licensor, in accordance with the Licensor’s moral right of integrity under section 80 of the CDPA 1988.
6.3 Any modification of the Photographs permitted under this Agreement must not amount to derogatory treatment. Where the Licensor has consented to modifications, such consent does not constitute a waiver of the right of integrity.
7. INTELLECTUAL PROPERTY AND INFRINGEMENT
7.1 The Licensee acknowledges the Licensor’s copyright in the Photographs and agrees not to challenge, impair, or undermine the Licensor’s intellectual property rights.
7.2 The Licensee shall promptly notify the Licensor if it becomes aware of any actual or threatened infringement of copyright in the Photographs by any third party.
7.3 The Licensor shall have the sole right (but not the obligation) to bring proceedings in respect of infringement of copyright in the Photographs. Compensation recovered shall belong to the Licensor.
8. TERMINATION
8.1 The Licensor may terminate this Agreement immediately by written notice if:
- the Licensee fails to pay the Licence Fee and fails to remedy such non-payment within 7 days of written notice;
- the Licensee uses the Photographs outside the scope of the Permitted Use or in a prohibited manner;
- the Licensee commits a material breach of this Agreement and (where capable of remedy) fails to remedy it within 14 days of written notice; or
- the Licensee becomes insolvent, enters administration, or is wound up.
8.2 On termination or expiry of this Agreement: (a) all rights granted to the Licensee under this Agreement shall immediately cease; (b) the Licensee shall promptly delete or destroy all digital and physical copies of the Photographs in its possession or control; and (c) the Licensee shall confirm in writing its compliance with sub-clause (b) within 7 days of termination.
9. WARRANTIES AND LIMITATION OF LIABILITY
9.1 The Licensor warrants that: (a) it is the author and copyright owner of the Photographs or has the right to grant the licence contained in this Agreement; (b) to the best of its knowledge, the Photographs do not infringe the intellectual property rights of any third party; and (c) it has obtained all necessary model releases and consents (where applicable) as warranted in clause 7.
9.2 The Licensee warrants that it shall use the Photographs only in accordance with this Agreement and shall comply with all applicable laws, including the CDPA 1988 and the UK GDPR.
9.3 Neither Party shall be liable to the other for any indirect, consequential, or special loss (including loss of profit or business) arising from or in connection with this Agreement, except in cases of fraud or wilful misconduct. The Licensor’s aggregate liability under this Agreement shall not exceed the total Licence Fee received.
10. GENERAL PROVISIONS
10.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties in relation to the Photographs and supersedes all prior negotiations and agreements.
10.2 Amendment. No amendment shall be valid unless made in writing and signed by both Parties.
10.3 Severability. If any provision is found invalid or unenforceable, the remaining provisions shall continue in full force.
10.4 Third Party Rights. A person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
10.5 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Each Party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales.
IN WITNESS WHEREOF, the Parties have executed this Photo Licence Agreement as of the Effective Date first written above.
THE LICENSOR
Full name: [Licensor Name]
Address: [Licensor Address], [Licensor City], [Licensor County], [Licensor Postcode]
THE LICENSEE
Full name: [Licensee Name]
Address: [Licensee Address], [Licensee City], [Licensee County], [Licensee Postcode]
Licensor
________________
Signature
Date: ________________
Licensee
________________
Signature
Date: ________________
What Is a Photo Licence Agreement (UK)?
A Photo Licence Agreement in the United Kingdom grants permission to use the owner's rights or brand and sets the scope, territory, fees, and duration of that licence, under the framework of the Designs and Patents Act 1988.
In England and Wales, photographs are protected as artistic works under the Copyright, Designs and Patents Act 1988 (CDPA 1988). Copyright in a photograph arises automatically on creation and lasts for the life of the photographer plus seventy years (section 12 CDPA 1988). The photographer is the first owner of copyright unless the photograph was taken in the course of employment, in which case the employer owns it (section 11 CDPA 1988).
In addition to copyright, photographers in England and Wales enjoy moral rights under sections 77–82 of the CDPA 1988. The moral right of paternity (section 77) gives the photographer the right to be identified as the author of their work whenever it is published or displayed. This right must be asserted in writing. The moral right of integrity (section 80) protects the photographer's reputation by prohibiting derogatory treatment of their work.
Where photographs depict identifiable individuals, the use of those images involves the processing of personal data regulated by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. A Photo Licence Agreement should address model releases and data protection obligations wherever photographs feature recognisable people.
The United Kingdom Photo Licence Agreement (UK) Photo Licence Agreement template is designed for use in England and Wales by photographers, stock agencies, and rights holders licensing their images to businesses, media organisations, publishers, advertisers, and individuals. It covers the grant of licence (exclusive or non-exclusive), permitted and prohibited uses, territory, duration, licence fee, moral rights and attribution, model releases, UK GDPR compliance, IP ownership, termination, and governing law.
The legal framework governing the Photo Licence Agreement (UK) in United Kingdom draws on several key statutes and regulatory bodies. Under the Companies Act 2006, Companies House maintains the register of UK companies. Section 386 of the Companies Act 2006 sets accounting record obligations. The Competition and Markets Authority (CMA) enforces the Consumer Rights Act 2015. The Financial Conduct Authority (FCA) regulates financial services under the Financial Services and Markets Act 2000. The High Court of Justice has jurisdiction under the Senior Courts Act 1981. Parties executing a Photo Licence Agreement (UK) in United Kingdom should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Companies Act 2006 sets the foundational requirements.
When Do You Need a Photo Licence Agreement (UK)?
A Photo Licence Agreement is required whenever a photographer or rights holder wishes to permit a third party to use their photographs commercially or otherwise, while retaining copyright ownership. It is equally important for licensees who need to establish their legal right to use images without committing copyright infringement.
Common situations in England and Wales where a Photo Licence Agreement is required include: a commercial photographer licensing product photography to a retail brand for use on its website and social media channels; a stock photography agency licensing images to a marketing agency for use in an advertising campaign; a photojournalist licensing editorial photographs to a newspaper or magazine for publication; a portrait photographer licensing images to the subject for personal use on professional networking profiles; a property developer licensing architectural photography of a completed building for use in planning submissions and marketing materials; and a concert or events photographer licensing images to a venue, promoter, or artist for promotional purposes.
A Photo Licence Agreement is particularly important because, unlike a verbal or implied licence, a written agreement clearly defines the scope of the rights granted, the territory, the duration, the fee, and any restrictions on how the images may be used. Without a written licence, disputes are common about whether the licensee has permission to use images in new media (such as social media platforms that did not exist when the original commission was agreed), whether the licence extends to sub-licensing to affiliates or clients, and whether image manipulation is permitted.
For exclusive licences of copyright, the CDPA 1988 requires the licence to be in writing and signed by or on behalf of the copyright owner (section 92 CDPA 1988). Even for non-exclusive licences, a written agreement is strongly advisable to record the agreed terms and protect both parties' interests.
What to Include in Your Photo Licence Agreement (UK)
A well-drafted Photo Licence Agreement for use in England and Wales should contain several essential provisions designed to protect the photographer's copyright and moral rights while giving the licensee the commercial certainty it needs.
The licensed photographs clause precisely identifies the images subject to the agreement, including file references, dates of capture, and any relevant metadata. This is fundamental: the licence can only cover what is properly identified.
The grant of licence clause specifies the type of licence (exclusive or non-exclusive), the permitted use (editorial, commercial, social media, internal use), the territory (England and Wales, UK, worldwide), and the duration. Any use outside these parameters constitutes copyright infringement under the CDPA 1988.
The prohibited uses clause lists specific uses the licensee is not permitted to make, such as use in political advertising, adult content, defamatory contexts, or use involving image manipulation without consent. This reduces the risk of misuse and reputational harm.
The licence fee clause specifies the consideration payable, whether as a one-off fee, a periodic royalty, or a fee based on usage metrics. It addresses VAT treatment and interest for late payment under the Late Payment of Commercial Debts (Interest) Act 1998.
The moral rights and attribution clause records the photographer's assertion of the right of paternity under section 77 CDPA 1988, specifies the required credit line, and prohibits derogatory treatment under section 80 CDPA 1988. These provisions are essential to protect the photographer's reputation.
The data protection clause, where photographs feature identifiable individuals, confirms that model releases have been obtained, records the parties' responsibilities as data controllers or processors under UK GDPR, and restricts the licensee from using the images in ways incompatible with the consent originally obtained.
The termination clause sets out the grounds on which the licensor may terminate the agreement (including non-payment, misuse, and insolvency) and the licensee's obligations on termination, including deleting all copies of the photographs.
The warranties clause includes the photographer's warranty of ownership and (where applicable) of the validity of model releases, protecting the licensee against third-party copyright and data protection claims. The governing law clause specifies England and Wales.
Additional compliance elements for a Photo Licence Agreement (UK) used in United Kingdom include: Under the Companies Act 2006, Companies House maintains the register of UK companies. Section 386 of the Companies Act 2006 sets accounting record obligations. The Competition and Markets Authority (CMA) enforces the Consumer Rights Act 2015. The Financial Conduct Authority (FCA) regulates financial services under the Financial Services and Markets Act 2000. The High Court of Justice has jurisdiction under the Senior Courts Act 1981. Forms-legal.com provides this template as a starting point for United Kingdom-compliant documentation.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Photo Licence Agreement (UK) (United Kingdom) [Legal document template]. Forms Legal. https://forms-legal.com/uk/business/intellectual-property/photo-licence-agreement-uk
"Photo Licence Agreement (UK) (United Kingdom)." Forms Legal, 2026, https://forms-legal.com/uk/business/intellectual-property/photo-licence-agreement-uk.
@misc{formslegal-photo-licence-agreement-uk,
author = {{Forms Legal}},
title = {Photo Licence Agreement (UK) (United Kingdom)},
year = {2026},
howpublished = {\url{https://forms-legal.com/uk/business/intellectual-property/photo-licence-agreement-uk}},
note = {Free legal document template. Based on Companies Act 2006}
}Also available for these jurisdictions:
Frequently Asked Questions
Under section 9(1) of the Copyright, Designs and Patents Act 1988 (CDPA 1988), the author of a photograph is the person who creates it — in most cases, the photographer. Under section 11(1) CDPA 1988, the author is the first owner of copyright unless the photograph was taken in the course of employment, in which case the employer is the first owner under section 11(2). Copyright in a photograph subsists for the life of the author plus seventy years under section 12 CDPA 1988. Where a photograph is taken by a freelance photographer commissioned by a client, the photographer (not the client) will generally own the copyright unless there is a written agreement transferring ownership. A Photo Licence Agreement enables the photographer (as Licensor) to grant a client (as Licensee) permission to use the photograph without transferring copyright ownership. This is the normal commercial arrangement for stock photography, editorial licensing, and commercial licensing. It is important to distinguish between ownership of the physical print or digital file (which passes to the client on delivery) and ownership of the copyright (which remains with the photographer unless explicitly assigned in writing). Without a written licence, a client who uses a photographer's images risks copyright infringement under section 16 CDPA 1988, which can result in an injunction and an account of profits or damages.
Photographers enjoy two principal moral rights under the Copyright, Designs and Patents Act 1988. First, the right of paternity under section 77 CDPA 1988: the right to be identified as the author of a photograph whenever it is published commercially or publicly exhibited. This right must be asserted in writing, typically in the licence agreement itself, before it can be enforced (section 78 CDPA 1988). A photo licence agreement should include an express assertion of the right of paternity and require the licensee to credit the photographer by name in a specified form. Second, the right of integrity under section 80 CDPA 1988: the right to object to derogatory treatment of a photograph, meaning any addition to, deletion from, alteration to, or adaptation of the work that amounts to a distortion or mutilation of the work or is otherwise prejudicial to the honour or reputation of the author. A licence agreement should prohibit the licensee from subjecting the photographs to derogatory treatment, including cropping that removes key compositional elements, colourisation, or combination with offensive material. Moral rights in photographs cannot be assigned but can be waived by a written instrument signed by the person giving up the right (section 87 CDPA 1988). A waiver may be unconditional or subject to conditions. Photographers should be cautious about signing blanket waivers of moral rights in commercial contracts.
Photographs that depict identifiable living individuals contain personal data within the meaning of the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018). A photograph that captures a person's face or other identifying features is considered biometric data if processed to identify that person, and biometric data used for identification purposes is special category data under Article 9 UK GDPR, requiring explicit consent or another Schedule 1 condition under the DPA 2018. When a photographer takes and licences photographs of identifiable people, they are processing personal data and must comply with the UK GDPR data protection principles, including the requirement that processing is based on a lawful basis (such as consent or legitimate interests) and that individuals are informed of how their data will be used. In commercial photography, the standard approach is to obtain a signed model release form from each identifiable individual, which captures their consent to the use of their image for specified purposes. The Photo Licence Agreement should record whether model releases have been obtained and confirm that the Licensor holds these documents. The Licensee must also confirm that its use of the photographs is compatible with the consent given by the subjects. Using photographs of identifiable individuals for purposes not covered by the model release (such as using editorial photographs for advertising) could constitute unlawful processing of personal data.
An assignment of copyright transfers ownership of the copyright permanently from the photographer to the assignee. Once assigned, the photographer no longer owns the copyright and has no right to use or licence the image unless the assignment agreement grants them a licence back. Under section 90(3) of the CDPA 1988, an assignment of copyright must be in writing and signed by or on behalf of the assignor. A licence, by contrast, grants the licensee permission to use the photograph in specified ways without transferring ownership. The photographer retains copyright and can grant further licences (if the licence is non-exclusive), exploit the photograph themselves, and recover the rights at the end of the licence term. For commercial photography, a licence is generally more advantageous to the photographer because it preserves their ownership and ongoing commercial rights in the image. An assignment would be appropriate only where the client is commissioning photography for a product they intend to own outright, such as a bespoke corporate image library. Photographers should be alert to assignment clauses hidden in commissioning agreements that may use language such as 'all intellectual property rights shall vest in the client' or 'the photographer hereby assigns all rights'. Such clauses transfer copyright ownership permanently and should be negotiated carefully.
Under English law, a licensee cannot grant sub-licences or assign their rights under a photo licence to a third party without the licensor's express permission. Section 90(4) of the CDPA 1988 provides that a licence is binding on every successor in title to the licensor's interest unless the licence agreement provides otherwise, but this does not give the licensee the right to sub-licence. A well-drafted Photo Licence Agreement should expressly prohibit sub-licensing and assignment without the licensor's prior written consent. Where sub-licensing is permitted (for example, a media agency may need to licence images to its client brands), the agreement should require the sub-licence to be on terms no less restrictive than the head licence, and the licensee should remain liable for any breach by the sub-licensee. Allowing unrestricted sub-licensing can have significant consequences for the photographer, including loss of control over how their images are used, difficulty in collecting fees, and reputational damage if the images are used in contexts the photographer did not anticipate or would not have approved.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
Found an error? Let us knowRelated Documents
You may also find these documents useful:
Licensing Agreement (UK)
License intellectual property rights in England and Wales with this detailed Licensing Agreement. Drafted in accordance with the Copyright, Designs and Patents Act 1988, the Trade Marks Act 1994, the Patents Act 1977, and general English contract law. Covers the grant of exclusive, sole, or non-exclusive licences for copyright, trade marks, patents, or know-how; territory; licence fee or royalties; quality control; sub-licensing; IP ownership and protection; confidentiality; warranties; and termination. Suitable for software, brand, patent, and content licensing arrangements.
Photography Contract (UK)
Create a professional Photography Contract for England and Wales. Covers session details, services and deliverables, fees and deposit, copyright under the CDPA 1988, UK GDPR image rights, portfolio licence, cancellation policy, and liability under English law.
Non-Disclosure Agreement (NDA) (UK)
Protect your confidential business information in England and Wales with a legally sound Non-Disclosure Agreement. Whether you are sharing trade secrets with a prospective partner, disclosing proprietary technology to a developer, or presenting financial projections to a potential investor, a properly drafted UK NDA keeps your sensitive information under strict legal protection. Our template is drafted in accordance with English common law and incorporates the key provisions required for enforceability in England and Wales.
Freelance Contract (UK)
Engage a freelancer or independent contractor in England and Wales with a professionally drafted Freelance Contract. This template addresses the critical employment status issues arising from IR35 (ITEPA 2003), establishes a genuine contract for services with no mutuality of obligation, covers fees, payment terms, intellectual property under the CDPA 1988, confidentiality, professional indemnity insurance, termination, and data protection under the UK GDPR.