Licensing Your Art in Plain Language: Who Can Use It, on What Terms
By Cassie Stone, Founder of REvisART ·
By Cassie Stone
A lot of artists hear the word licensing and assume it belongs to big names with agents and lawyers. It does not. Licensing is one of the simplest ideas in the business of art, and once you see it plainly, you will price it better than most people who have been doing it for years.
A license is rent. You keep the copyright, and you rent out one use of the image. One use, one term, one price. When the term ends, the right comes home.
That is the whole concept. Everything else is deciding the terms of the rent.
The four dials that set every price
Every license, whether it is a book cover, a mug, a wine label, or a brand campaign, is priced by the same four dials. When someone asks what you would charge, walk the dials before you say a number.
1. Scope: what can they use it for? A book cover is one use. Merchandise is another. Advertising is another again. The more the image will be asked to do, the more the permission is worth.
2. Exclusivity: are they the only one? A non exclusive license means you can rent the same image to others. An exclusive license means you cannot, and for the term you cannot even use it that way yourself. Exclusivity always costs more, because they are renting your other opportunities too.
3. Territory: where in the world? One country is one thing. Worldwide is another. Price them differently.
4. Duration: for how long? One year is a small rent. Forever is not rent at all. A perpetual, worldwide, exclusive license is a sale in disguise, and it should be priced like one.
Put those together and you can see why there is no single answer to "what should I charge for licensing." One product, one year, one country, non exclusive sits at one end. All media, forever, everywhere, exclusive sits at the other, and it should cost a multiple of the first, not a little more. If a company wants the far end of every dial, that is not a compliment. That is a purchase, and your price should say so.
Reproduction rights, and why they default to you
The reproduction right is the specific right to make copies of the work: prints, products, packaging, editions. It is the engine of a print line and the backbone of most licensing income. It belongs to you automatically, it survives the sale of the original, and it should leave your hands only deliberately, in writing, for a price that reflects what it earns.
If you read the first article in this series, you already know the frame: the object and the rights are two properties. Licensing is the business of renting the second one without ever selling it.
The three words to watch for
Some agreements skip the rent and take the property. The phrase to read for is "work made for hire," and its close cousin, any clause transferring copyright outright. Those words mean the copyright was never yours or stops being yours. Sometimes that is genuinely the deal on the table. It is also a far bigger sale than most fees admit, and it deserves its own scrutiny. I cover it clause by clause in Before You Sign.
Every license in writing. Every time.
Even with a friend. Even for a small project. A one page agreement is enough for most simple licenses if it answers: which image, what use, exclusive or not, where, for how long, for what fee, and what happens when the term ends. The point is not distrust. The point is that two people can shake hands in perfect good faith and remember two different deals a year later. Paper remembers one deal.
Creative Commons, decoded
Creative Commons, or CC, is a set of licenses that lets you decide how other people can use your work without asking you for permission each time. The letters tell you what rules apply:
- BY, Attribution: Anyone using the work must give you credit.
- NC, NonCommercial: The work cannot be used for commercial purposes.
- ND, NoDerivatives: The work can be shared, but altered or adapted versions cannot be shared.
- SA, ShareAlike: Adaptations must be shared under the same or a compatible license.
These terms are combined to create the six Creative Commons licenses: CC BY, CC BY-SA, CC BY-ND, CC BY-NC, CC BY-NC-SA, and CC BY-NC-ND.
You may also see CC0 ("CC Zero"), but it is different. CC0 is not one of the six CC licenses. It is a public-domain dedication that allows you to give up your copyright and related rights to the fullest extent the law allows. That means the work can generally be copied, changed, distributed, and commercially used without permission or credit.
The biggest thing to understand is that Creative Commons licenses are designed to be irrevocable. You can stop offering your work under a CC license later, but you cannot take back permissions already granted to people who received it under that license.
Creative Commons can be useful when you intentionally want a work to be shared or reused. But be careful applying it to artwork you plan to sell as prints, license to other businesses, put on products, or otherwise build revenue around. A CC license gives the public permissions that may conflict with how you want to monetize that work later.
Decide what you are willing to let travel before you give it permission to travel.
The rights are the product
The object sells once. The rights can earn for the life of the copyright, which outlives you. That is why licensing questions are worth taking seriously the first time one lands in your inbox, not after you have signed something forever.
If there is a licensing offer, a contract, or a CC decision sitting in front of you right now, bring it to a Power Hour: one hour, one to one with me, reading the actual terms against the four dials. You will leave knowing what is being asked for and what it is worth.
Keep reading in this series: Who Owns Your Art? · Someone Copied Your Art. Here Is the Ladder. · Brand Protection for Artists · Before You Sign: Contracts and Consignment
This article is education from the gallery floor, not legal advice. Licensing rates vary widely by market and use, and AI law is changing quickly. For a specific agreement or dispute, talk to an art lawyer.