Licensing existing work for a defined use

When a buyer asks to use existing work, turn the request into written permission naming the exact asset, the rights you control and every allowed use. Identify and clear the asset first, then define the use so a different channel or purpose needs a separate agreement.

Identify the work and rights

Name the delivered version: one final illustration, a specified article extract or a particular photograph, for example. If the buyer saw a preview, say whether drafts or related images are included.

List material supplied by others and check the relevant contract or permission covers the proposed use. If you cannot establish that you control the necessary rights, do not promise them; obtain the needed permission first.

Check the work’s history by locating prior contracts and employment arrangements. Section 35 of the Copyright Act 1968 (Cth) deals with ownership of copyright in original works. The creator generally retains copyright in commissioned work, but a commissioner owns copyright when paying for a photograph for a private or domestic purpose, a portrait or an engraving; an employer owns copyright when the creator is an employee.

An implied licence may let a commissioner use commissioned work for its agreed purpose: artwork commissioned for cushions can be used on cushions, but not on tea towels without permission. Check what any earlier agreement allows before offering further use.

Commission vs. Licence: Key Differences in Copyright Ownership

Write a use brief

Ask where the work will appear, what it will accompany and who will use it. Clarify whether the request covers a named publication, its download page, a product, paid advertising or another channel. Ask about promotional posts, translation, cropping and use by agencies or affiliates; specify each use the buyer is allowed to make.

For example, permission might cover one identified image in one named report and on that report’s download page. Merchandise or a later advertising campaign is outside that permission unless separately agreed.

Set a practical distribution boundary, such as a print run, named accounts, specified products or a campaign. A defined boundary is easier to check than a broad request to use the work for “all marketing”.

Confirm the permission

Record the parties, exact asset, permitted uses, territory, term, agreed licence type, fee and payment timing. State whether an agency or printer may handle the work for the agreed job and whether the buyer may grant further permissions. Include any agreed credit and alteration requirements.

Sample wording: “[Creator] grants [buyer] [agreed licence type] permission to reproduce and communicate [identify the final illustration by file and version] in [named report] and on that report’s download page, for [term] in [territory]. This permission does not include merchandise or a later advertising campaign; either requires separate written permission. Fee: [amount], payable [timing].”

Complete each bracket with the agreed details and have both parties record their agreement to the wording. Keep the permission with the asset and invoice. When the buyer asks for another use, compare it with the existing permission before agreeing to an extension or new licence; delivering a file does not itself define the permission.

Key Elements to Include in a Licence Agreement