Please read the following definitions for "non-exclusive" and "exclusive" licencing in the context of image usage, particularly for commercial purposes.

Non-Exclusive Licence

  • Definition: A non-exclusive licence grants the licensee (the person or business acquiring the licence) permission to use the image, but it does not prevent the licensor (Coded Colours, the image creator/owner) from granting the same rights to other parties, including other businesses.

  • Key Characteristics:

    • Shared Use: Multiple individuals or businesses can licence and use the exact same image simultaneously.

    • Lower Cost: Generally more affordable for the licensee because the exclusivity of use is not granted.

    • Wider Distribution for Licensor: You retain the right to sell or licence that image to as many other clients as you wish, and also to use it yourself for your own purposes (e.g., in your portfolio, for self-promotion).

    • Common in Stock Photography: This is the most common type of licence offered by stock photo agencies.

  • Analogy: Think of it like a public library book. Many people can borrow and read the same book, but no single person has the exclusive right to that particular copy or title.

Exclusive Licence

  • Definition: An exclusive licence grants the licensee the sole right to use the image within a specified scope (e.g., for a certain period, in a particular region, or for specific uses). During the term and within the scope of the exclusivity, the licensor (Coded Colours) cannot licence the image to any other party, and in most cases, you also cannot use the image yourself.

  • Key Characteristics:

    • Sole Use: Only the licensee has the right to use the image under the agreed-upon terms. This means their competitors cannot use the same image.

    • Higher Cost: Significantly more expensive than non-exclusive licences because the licensee is paying for the unique right to use that image without competition.

    • Restricted Distribution for Licensor: You lose the ability to monetise that specific image through other licences or use it for your own promotional purposes (unless explicitly agreed otherwise in the contract) for the duration of the exclusivity.

    • Competitive Advantage: Provides a strong competitive advantage to the licensee.

    • Detailed Agreements: Exclusive licences often involve more complex legal agreements, specifying duration, geographical region, specific usage rights, and any potential carve-outs (e.g., if you, the creator, still retain the right to display it in your personal portfolio).

  • Analogy: Think of it like commissioning a custom piece of art for your home. You are the only one who owns that specific piece. Or, in publishing, an author granting exclusive rights to a single publisher for a book for a certain period.

Our licences are designed to cover typical commercial uses for local businesses (e.g., social media, website content, printed flyers, brochures etc). However, there may be limitations on certain uses, such as reselling the images, using them on merchandise or for large-scale advertising campaigns without a specific agreement. We will always clearly state what your licence permits. If you have a specific, broader use in mind, please let us know, and we can discuss a custom licence.