June 17, 2025
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Image licensing can feel confusing, especially if you’re not dealing with it every day. Yet it affects almost every brand and creative project — from a single Instagram post to a full national campaign.
Whether you’re hiring a photographer or shooting in a studio, understanding the basics helps you avoid legal issues, budget accurately, and keep everyone on the same page.
This guide breaks licensing down simply, using real examples and Australian context. Bohemia Bay Studio doesn’t manage licensing or copyright, but because we host so many shoots, we see these questions come up constantly. This article gives you the clarity you need before you start your next project.
In Australia, copyright belongs to the photographer or creator the moment they take the photo — not when the image is delivered, and not when payment is made.
This surprises many people because the logic feels reversed:
“If I paid for the shoot, don’t I own the photos?”
Not by default. When you book a shoot, you’re paying for:
…but not ownership of the intellectual property.
What you receive instead is a licence — permission to use the images in specific ways.
Understanding this early saves a lot of confusion later, especially when you start using images across new markets or channels.
A licence defines how you can use the images.
It exists so that photographers can continue earning from their work as the exposure grows, and so that brands don’t accidentally use images in ways they aren’t legally covered for.
A licence might specify:
Think of it like renting a house. You get full access, but not ownership. You’re allowed to use the space — just within the agreed rules.
A good licence is specific. It tells everyone involved exactly what’s allowed and what isn’t. Here’s a breakdown of the six components you’ll see most often:
This is the core question: What are you actually doing with the photos?
A small café posting to Instagram has very different needs compared to a skincare brand launching a national billboard campaign. Your intended purpose helps determine the licence type.
For example:
The larger the commercial impact, the more significant the licence.
Images behave differently across digital, print, and outdoor environments. The licence needs to match the exposure.
Digital media includes:
Print media includes:
Larger-scale media includes:
Each step up increases reach and commercial value, which is why licences scale accordingly.
Licences are often restricted to specific markets. This is especially important when a small business grows faster than expected.
For example:
Geographic scope helps creatives price fairly while allowing brands to scale responsibly.
Most commercial licences are 12 months. That doesn’t mean you must stop using the images after a year — but you may need to renew the licence if the campaign continues.
Duration matters because:
For long-term uses like packaging, you’ll often need a multi-year or perpetual licence.
Exclusivity stops the photographer from licensing the same image to another brand in your category.
This matters most in:
Non-exclusive licences are standard for most small businesses.
Exclusive licences cost more because the creative is agreeing not to earn further income from that image.
Some photographers specify rules around:
This protects the integrity of their work and aligns with Australian moral rights legislation.
If you’re planning to integrate images into complex designs or do your own retouching, clarify expectations upfront.
While every photographer has their own approach, most commercial licensing falls into predictable categories. Understanding them helps you choose the right level for your project.
This covers everyday brand activity:
It’s the simplest form of licensing and is sufficient for most service businesses, cafes, or early-stage eCommerce brands.
Paid advertising increases the commercial value of the imagery because the images are being used to drive revenue.
This includes:
If you’re boosting posts or running ads, you need to confirm that your licence covers paid usage.
Print campaigns reach wider audiences and often carry longer shelf-lives.
Examples:
The distribution scale determines the value of the licence.
OOH campaigns have large audience reach and strong visual impact. This is typically a higher licensing tier.
Includes:
Because of the exposure, these licences are often national or international.
If your imagery is part of a video that runs on:
…it enters a commercial broadcast/licensing category.
This usually requires explicit rights due to the scale and repetition.
If an image appears on:
…the licence must allow for long-term use. Packaging often stays in market for years, so brands commonly negotiate a multi-year or perpetual licence.
When content is distributed across multiple countries, you’ll need a licence that reflects international use.
This is standard for:
International usage significantly increases the financial value of the imagery.
A buyout means the brand purchases full copyright ownership of the image. It’s less common but useful for brands needing long-term, unlimited control.
Buyouts give you:
However:
Most brands don’t need a buyout unless the image becomes a central, long-term brand asset — like packaging or global advertising.
Under Australian law, even when a photographer grants usage rights, they still retain moral rights.
These include:
Moral rights exist to protect the photographer’s reputation. They cannot be sold or transferred but can sometimes be waived by agreement.
Licensing only becomes complicated when details are unclear. A short conversation upfront removes 99% of issues.
Here are the questions to cover:
Most misunderstandings come from assumptions. Clarity protects both sides.
Those responsibilities sit between the brand and the photographer (or their agent).
A café posts photos to Instagram and updates their website.
→ Organic use licence
They run Meta ads using the new campaign imagery.
→ Paid digital advertising licence
Images appear on packaging, shelf displays, and a brochure.
→ Packaging + print licence
Billboards, bus shelter posters, and TV commercials.
→ National commercial licence
Brand launches in AU, NZ, EU, and USA.
→ International commercial licence
These examples help you understand which level you’re likely to need — and why licences scale with exposure.
For brands:
For photographers:
Licensing isn’t a barrier — it’s a tool that keeps things fair for everyone involved.
Image licensing can feel technical, but once you understand the moving parts, it becomes straightforward. The key is simple communication. Before your next shoot, take five minutes to talk with your photographer about usage, duration, and media channels.
Bohemia Bay Studio is here to give you the space and support to create great work. When it comes to licensing, always chat directly with your photographer or legal advisor to make sure you’re covered for everything you need — now and in the future.
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