One of the most persistent and increasingly common challenges in commercial photography today is managing the conversation around image usage rights. This is especially true when photography is commissioned directly by businesses, without the involvement of a creative agency.
Even within agency settings, assumptions around licensing can be vague. But whether you're a professional photographer or a client commissioning photography, this misunderstanding doesn’t need to derail your project.
The Problem: Usage Terms Are Misunderstood and Often Ignored
Let’s be candid: most business clients aren’t immersed in licensing language, copyright law, or image usage structures, nor should they be. What clients want is clarity, simplicity, and the confidence to use their commissioned images without legal ambiguity or surprise costs. The issue arises when a common assumption takes hold that hiring a photographer equates to owning the images outright. Many clients believe they’re entering into a “work for hire” agreement, when in fact, no such arrangement exists unless explicitly agreed. This mismatch leads to confusion and strained communication.
Copyright vs. Work for Hire: A Clearer Understanding
In the UK (and in most international jurisdictions), copyright remains with the creator, the photographer by default.
How copyright protects your work: Overview - GOV.UK
This means that unless a written contract explicitly transfers ownership, the photographer retains full legal rights to the work, even after payment.
Why the Misunderstanding?
Understandably, clients often assume that because they’ve paid for the shoot, they automatically own the images. But in reality, they are purchasing a licence to use the work, not the copyright itself.
The confusion often stems from the concept of “work for hire”, a term common in the US but frequently misused or misunderstood in the UK. In our legal context, a work-for-hire agreement does not apply automatically to freelancers or self-employed creatives.
For “work for hire” to be valid in the UK:
If such an agreement doesn’t exist, then the client does not own the work, even if they’ve paid for it. They receive a licence to use the images in agreed ways defined by media type, timeframe, geography, and usage context.
Clarifying this early sets professional expectations, builds trust, and avoids legal grey areas.
The Solution: Introducing a Brand Library Licence.
To address these recurring issues, I’ve created a simplified, client-focused model: the Brand Library Licence.
It offers clients the flexibility they need, without requiring them to wade through legal jargon or confusing licensing clauses. At the same time, it ensures photographers retain their copyright and can fairly monetise their work.
What’s Included?
The Brand Library Licence grants usage rights across the majority of brand communication channels, including:
Usage is granted for a fixed term typically between 3 to 5 years.
Why 3–5 years? Because imagery has a natural lifespan. Brand visuals can date quickly as their team, branding, and messaging evolve. After a few years, the images from the current shoot will likely look tired, outdated, or misaligned with the brand's current tone of voice.
This is a realistic and professional way to explain why clients don’t need to own the imagery outright. Instead, they’re investing in something that serves a specific purpose and timeframe just like any other marketing asset.
It also makes it easier to explain internally why further investment will be needed in future. A single shoot is not a permanent solution; it has a shelf life. While the duration varies from brand to brand, very few businesses are still using the same brand imagery five years down the line.
What’s Not Included? Paid Advertising
The only exclusion in the Brand Library Licence is paid advertising usage, which includes:
These uses carry higher commercial value and are therefore licensed separately, on a per-image, time-limited basis.
Why Per-Image Pricing Makes Sense
It’s highly unlikely that a client will want to use all of the images from a shoot in a paid ad campaign, if at all. From a gallery of 30 final images, most brands may realistically use one to three images at most in advertising.
Licensing every image at an advertising rate would be excessive and unnecessary. That’s why per-image pricing is not only fair, it’s far more aligned with how imagery is used.
Provide a Clear Pricing Matrix
To support client planning and budgeting, I always recommend including a transparent advertising usage cost matrix at the proposal stage. This helps clients manage internal approvals, forecast costs, and make informed decisions.
A sample pricing structure might look like this:
| Image Quantity | Cost Per Image |
|---|---|
| 1 image | £X |
| 1–3 images | £X per image |
| 4–6 images | £X per image |
You can also break this down further by media type, as different placements have different commercial values:
| Advertising Channel | Cost Per Image |
|---|---|
| Sponsored social media post | £X per image |
| Digital display banner (web) | £X per image |
| Outdoor billboard/poster | £X per image |
| Print magazine advert | £X per image |
Providing this level of transparency not only shows professionalism but also empowers clients to budget responsibly and use their assets strategically.
Why This Matters Now
More and more businesses are commissioning photographers directly whether for budget control, speed, or creative alignment. But without an agency to mediate, licensing is often misunderstood, misapplied, or ignored.
Photographers now need to lead that conversation not with legalese, but with clarity and confidence.
On the flip side, some clients (or their agencies) attempt to simplify matters with overly broad, catch-all clauses that imply blanket ownership or unlimited use. These can leave both parties exposed.
The Brand Library Licence provides a much-needed middle ground: it’s legally sound, professionally robust, and client-friendly.
A Win–Win for Clients and Photographers
This model is more than a licence it’s a strategic tool for better collaboration.
It offers:
Rather than withholding rights, the Brand Library Licence supports mutual respect, professional transparency, and long-term value.
In Summary
In B2B photography, it’s no longer just about creating strong visuals; it’s about how those assets function, adapt, and evolve with your brand over time. The Brand Library Licence is a smart, sustainable approach to usage rights. It removes confusion, safeguards creative value, and helps clients plan more effectively.
📣 For Clients:
If you're commissioning photography and want to use a clear, future-facing licensing model, I can help you integrate the Brand Library Licence into your next project. It’s designed to align with modern marketing needs while keeping things fair, flexible, and professional.
📸 For Photographers:
If you’d like help incorporating this model into your business, I offer consultancy and guidance from licensing templates and proposal wording to usage fee structures and client education.
👉 Get in touch to discuss how to introduce the Brand Library Licence into your photography business or commissioning process.
Pam was quick to work on the new fee and terms. Securing a great deal for me and keeping my client happy. I’ll always go back for more advice on estimating/re licensing, and I certainly always recommend Pam to fellow photographers.
