Image Rights License Agreement Template for the United States
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What is a Image Rights License Agreement?
Image rights licensing is central to United States sports, entertainment and influencer marketing, including college athlete name, image and likeness deals. The governing right varies by state: California and New York have long standing statutes, other states rely on common law, and post-mortem protection ranges from seventy years to none at all. A national campaign therefore engages several different regimes at once, which is why territory and term are drafted carefully.
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Frequently Asked Questions
Is there a right of publicity in the United States?
Yes in most states, either by statute or at common law, but it is a state right rather than a federal one. California and New York have well developed statutes, other states rely on case law, and the scope and damages differ, so the governing state matters.
Does a license from the individual let me use a photograph of them?
No. Copyright in the photograph belongs to the photographer unless assigned. You need permission from the individual to use their identity and separately from the copyright owner to use that image, and missing the second is the most common failure.
What if the state has no right of publicity statute?
Common law protection may still apply, and a false endorsement claim under section 43(a) of the Lanham Act is available where the use suggests sponsorship or approval. That federal route is often the practical fallback.
Do endorsements need disclosure?
Yes. The FTC Endorsement Guides require clear disclosure of material connections between a brand and an endorser. The agreement should require compliance and allocate responsibility, because non-compliant material is a problem for both parties.
Can rights be licensed after the individual has died?
It depends on the state. California provides post-mortem rights for seventy years, some states provide shorter periods, and others provide none. Where an estate is granting the license, confirm the governing state actually recognizes a right to grant.
About the Image Rights License Agreement
An Image Rights License Agreement lets a business use an individual's name, image or likeness commercially. In the United States most states recognize a right of publicity, so there is a distinct right to license, but it is a state right rather than a federal one and its scope and duration change from state to state.
When do you need this document?
You need one whenever an individual's identity is used to sell something: an athlete or performer endorsing a product, a name, image and likeness deal with a college athlete, an influencer campaign, a brand ambassador appearing across advertising and packaging, or use of a person's image on merchandise.
What does it cover?
The agreement defines which attributes are licensed, for what uses, in which media and territory, and for how long. It sets approval rights and any exclusivity preventing endorsement of competitors, and fixes compensation and royalty reporting. It addresses the trap that copyright in photographs and footage sits with whoever created them, so the license must be paired with rights in the specific assets. It also covers endorsement disclosure obligations, morality provisions, and what may continue after the term through sell-off and archive rights.
Common pitfalls
The most common error is assuming a license from the individual permits use of a particular photograph. It does not: copyright belongs to the photographer, and using the image without that permission infringes even with the subject's full consent. The second is treating the right of publicity as uniform nationally when it is a state right with different scope, damages and post-mortem duration. The third is omitting disclosure compliance, which can render otherwise licensed material unusable under the FTC Endorsement Guides.
GOVERNING LAW
Applicable law
This Image Rights License Agreement is drafted to comply with United States law. Key legislation includes:
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