Licensing vs File Delivery (Why Getting the Files Isn't the License)
One of the most common misunderstandings in photography: receiving the files doesn't mean you have the license.
File Delivery ≠ License
When a photographer sends you image files, they're delivering the physical product—the digital files themselves. This is like receiving a DVD of a movie.
The license is the separate agreement that says what you're allowed to do with those files. Just like owning a DVD doesn't give you the right to broadcast the movie on TV.
Why They're Separate
Photographers often deliver files before the final license terms are confirmed, or they may deliver the same files to multiple clients with different usage rights for each.
For example:
- Client A receives files for use on their website only (limited license)
- Client B receives the same files for use in a national ad campaign (broader license, higher fee)
Same files. Different licenses. Different permissions.
What File Delivery Includes
When you receive image files, you typically get:
- The digital image files (JPG, PNG, RAW, etc.)
- Access to download or receive them
- The ability to store them
What you don't automatically get:
- Permission to publish them
- Permission to modify them
- Permission to use them commercially
- Permission to transfer them to others
What the License Includes
The license is the legal permission that defines how you can use the files. It specifies:
- What you can use the images for
- How long you can use them
- Where you can use them
- Whether you can modify them
- Whether your usage is exclusive
Why This Confusion Exists
In many industries, when you buy a product, you own it outright. But creative work operates differently because of copyright law.
The photographer retains copyright by default, even after delivering files. This isn't unique to photography—it's the same with music, writing, software, and other creative works.
How to Avoid Confusion
The best practice is to document the license terms separately from file delivery. This can be:
- A written contract or agreement
- An invoice with usage terms listed
- A license record (like what FrameRights creates)
- An email confirming the terms
When the license is documented separately, both parties have clarity. The photographer knows what they've authorized. The client knows what they're allowed to do.
The Bottom Line
Receiving files is not the same as receiving permission to use them. The files are the product. The license is the permission.
Both are necessary. Both should be clear. And they should be documented separately.