When a company offers to license your work, whether it’s stock photos, family portraits, your graphic designs, or artwork, it can feel like a big win. But then you receive their proposed licensing agreement with a whole lot of legal words you do not understand. We see creatives want to get the deal done and sign their rights away before really knowing what they are agreeing to.
This is where knowing what red flags to look for is key! A poorly written or overly broad agreement can strip away your rights and limit your future opportunities.
Below are common red flags in photo licensing agreements that every creative should watch for—plus how to protect yourself.
🚩 Watch for “Perpetual Use”
If the agreement includes phrases like “perpetual use” or “in perpetuity” without a clear termination clause, that’s a major concern.
Why it matters: This means the company could use your work FOREVER, even if you no longer want to be associated with their brand. Even if you keep the copyright rights to your work if they can use your designs or photos forever, then you can’t ever have real ownership over them.
✅ What to look for: A defined licensing period (e.g., 1 year- 5 years) and language outlining how either party can end the agreement.
🚩 Vague Language and Ambiguous Rights
Some agreements say they’ll use your work “for marketing” or “on digital platforms,” without further explanation.
Why it matters: Broad language can allow the company to use your image in ways you didn’t expect—like third-party ads, resale, or even AI training.
✅ What to look for: A specific list of approved uses, platforms, and any restrictions on sublicensing or redistribution.
The Legal Paige has a great breakdown for commercial licensing agreements!
🚩Exclusive Photo Licensing Without Fair Compensation
An exclusive license means only that company can use your work—and even you may be restricted from sharing it elsewhere.
Why it matters: Exclusivity limits your ability to earn from the same image. If it’s not paired with a significantly higher fee, you’re undervaluing your work.
✅ What to look for: Non-exclusive licenses unless exclusivity is paid for, and clauses allowing you to use your work in your portfolio or marketing.
🚩No Credit Clause in the Licensing Agreement
Many creatives want credit when their work is shared. If the agreement doesn’t mention attribution, it may not be given.
Why it matters: Without credit, your name and brand don’t get the visibility that could lead to future work.
✅ What to look for: A clause requiring your name (and website or handle) be included wherever the work is used.
🚩 Licensing Agreements With No Payment Terms
Some licensing agreements focus so much on usage rights that they skip over the part where you get paid.
Why it matters: If payment amounts, methods, and deadlines aren’t clearly defined, you may face delays or disputes.
✅ What to look for: A payment schedule with dollar amounts, deadlines, and consequences for missed payments.
Protect Your Work With a Strong Licensing Agreement
Photo licensing can be a powerful way to earn income from your creative work—but only if the licensing agreement respects your rights and sets clear boundaries.
Not sure if the agreement you’ve been offered protects you? That’s where legal review makes a big difference.
At Griffith Suazo Law, we help photographers and content creators understand, negotiate, and draft licensing agreements that work in their favor. Whether you’re reviewing your first deal or licensing your full portfolio, we’ve got your back.
📩 Schedule a consultation to make sure your next agreement is on your terms.
