The License Agreement for Designers

In this article, you’ll find information about the license agreement for designers. Whether it involves communication, product, spatial, graphic, or textile design, most designs will be protected under copyright law, even if they are not yet final. If someone approaches you to use your design for their business, it’s a good idea to set out the terms and conditions in a license agreement. We’ll cover this in this article, which we’re publishing on behalf of CultuurCollege and Marlous Roelofs, Esq. At the bottom of the article, you can download a template for a license agreement. If you’re a photographer, please continue reading on this page.

In what situations do you use a license agreement?

If someone wants to use your photo—for example, on their own website, in an advertising brochure, for an Instagram campaign, or as a T-shirt print—you can charge a fee for that. To avoid misunderstandings, it’s wise to use a license agreement. In this agreement, you specify, among other things, the amount of the fee and the restrictions on use. The amount of the fee depends largely on the scope of the use. Is the user allowed to use the photo for all purposes for an indefinite period? In that case, you’ll naturally charge more than if the user is only allowed to print the photo on brochures distributed exclusively in the Netherlands. Clearly discuss what the user intends to use the photo for. Always put a license in writing. This is the only way to ensure that the terms of the agreement are clear.

Explanatory Notes to the License Agreement

First, you agree on who is authorized to use the design. Next, you specify the period, the countries, the print run, and the media for which the licensee may use the design. This allows you to tailor the license to be as broad or as narrow as you wish or as needed. The license agreement, which you can download from this website, presents a number of options. This explanation corresponds to those options:

• First, in Article 3, you choose between an exclusive and a non-exclusive license. Be aware of the difference: if you choose an exclusive license, you can no longer grant a license to third parties; furthermore, for the specified period, you are also prohibited from using the design yourself under the terms of the agreement. It should be clear that this comes with a higher fee than if you choose to grant a non-exclusive license. In the case of a non-exclusive license, you, as the designer, can grant the same permission to third parties.
• Article 7 sets forth an option regarding modifications to the design: whether or not the licensee may make (or have made) modifications to the design without your consent. This depends on the type of design in question. If it is a final product design, it is not obvious that the licensee should be granted the option to make modifications. However, there may be other designs where this is necessary. Therefore, carefully consider what type of design is the subject of the license.
• Article 12 presents an option regarding the application of General Terms and Conditions. For you, as a designer, it is usually most advantageous to have your own General Terms and Conditions apply. Not all licensees agree to this. This is a matter for negotiation.

Is there anything missing from the license agreement that you would still like to include? If so, please add it to Article 14.

Download the license agreement template

You can download the template for the license agreement for designers below. It was drafted and made available by CultuurCollege and Marlous Roelofs, Esq.

• The License Agreement for Designers
• The License Agreement for Photographers

Disclaimer

For this article, we drew on the knowledge and expertise of CultuurCollege and Marlous Roelofs, Esq.

If, based on your expertise, you have knowledge that would be relevant to this topic, or if you see ways to improve this text, we would love to hear from you at info@cultuuracademy.nl
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