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This is why a good product photography agreement is crucial

Good product photography sells, but without proper agreements, you run a legal risk. The photos are protected by the photographer's copyright. In a product photography agreement, you specify what use you may make of the images — and in the event of...

Published on January 30, 2025 by MKBjuristen.nl
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Good product photography sells, but without proper agreements, you run a legal risk. The photos are protected by the photographer's copyright. In a product photography agreement, you specify what use you may make of the images — and preferably that the rights or a broad license reside with you.

Visuals determine sales

In online sales, images often make all the difference. Professional product photography makes your products attractive and strengthens your brand identity. It makes sense, therefore, to invest in a good photographer — but make sure to secure the rights to the images as well.

The copyright belongs to the photographer

The photos are protected by copyright, which in principle rests with the photographer, even if you have paid. Without agreements, you only acquire the right to use the photos for the agreed purpose. If you wish to use the images more broadly—on your website, in advertisements, on social media, and with resellers—you must arrange this yourself.

What do you stipulate in the agreement?

Clause in the product photography agreement: what use you may make (channels, purposes, territory, and duration), whether the use is exclusive, whether you may edit the photos, and who holds the rights. Preferably agree on a transfer (by deed) or a broad, perpetual license, so that you do not run into difficulties later on.

Avoid surprises afterwards

Without clear agreements, a photographer may restrict usage or charge an additional fee if you use the images differently than agreed. A good agreement prevents you from being restricted from freely using your own product photos—especially when you are counting on it.

Frequently Asked Questions

May I use my product photos anywhere after payment?

Not automatically. The rights remain with the photographer; without agreements, you only receive use for the agreed purpose.

What is the best thing to agree on?

A transfer (with deed) or a broad, long-term license for all desired channels and purposes, including editing.

What if I don't record anything?

In that case, you risk restrictions or an additional fee for other use, and possibly an infringement claim.

Want to properly manage your image rights?

Our legal experts draft product photography or licensing agreements . View our copyrightteam or schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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