How does licensing of copyrighted works work?
May 26, 2024 | 40,00 EUR | answered by Verena Friedendahl
Dear copyright lawyer,
My name is Oliver Hering and I operate a small business in the field of photography. Lately, I have been receiving more inquiries from other companies who are interested in using my photos for their advertising campaigns. However, I am unsure about the best way to license my copyrighted works.
Currently, I only sell my photos for single use to my clients without entering into a specific licensing agreement. But now, I also want to attract larger companies as clients who may want to use my photos in various media and over longer periods of time, and I am unsure about how to best structure the licensing.
My concerns lie in not knowing exactly what legal aspects to consider when licensing copyrighted works. I want to ensure that my rights as the creator are protected and that I am fairly compensated for the use of my photos.
Could you please explain to me how licensing of copyrighted works works? Are there different types of licenses that I can offer to my clients? How can I ensure that my photos are protected and used appropriately? What steps do I need to take to create a legally sound licensing agreement?
Thank you in advance for your help and guidance.
Sincerely,
Oliver Hering
Dear Mr. Hering,
Thank you for your inquiry regarding the licensing of your copyrighted photos. It is understandable that you are concerned about how to best protect and appropriately compensate your work. In the following, I will explain in detail how the licensing of copyrighted works functions and what steps you can take to create a legally secure licensing agreement.
First and foremost, it is important to understand that as a photographer, copyright automatically belongs to you once you create a photo. This means that you have the sole right to decide on the use of your photos. If other companies are interested in using your photos, they must acquire a license from you in order to legally use the photos.
There are different types of licenses that you can offer to your clients. One of the most common forms is a simple license, where the client is granted the right to use the photo for a specific purpose and for a certain period of time. An extended license allows the client to use the photo for additional purposes or for a longer period of time. It is important to clearly and explicitly establish the terms of the licensing agreement to avoid misunderstandings.
To ensure that your photos are protected and used appropriately, I recommend entering into a written licensing agreement with your clients. This agreement should clearly outline all relevant information such as the purpose of use, duration of use, compensation, and usage rights. This way, you have a legally secure record of the agreement and can take legal action in case of misuse.
It is also advisable to watermark your photos to clearly identify your authorship and prevent unauthorized use. Furthermore, you should regularly monitor your work and take appropriate action in case of copyright infringement.
Overall, it is important to thoroughly familiarize yourself with the legal aspects of licensing copyrighted works in order to protect your rights as the creator and to be appropriately compensated. If you have any further questions or need individual advice, I am happy to assist.
Best regards,
Verena Friedendahl, Copyright Lawyer
