Terms and conditions for a stock photography or design asset business

A stock asset business sells the same file to everyone under a licence that is often read only when the file appears somewhere it should not. The terms have to define the licence types and what each permits, list the uses that are always prohibited, deal with releases and editorial-only content, run seats, teams and subscriptions, and limit the indemnity the business gives for the assets it licenses. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Stock photography, illustration, footage, font, icon, mockup and design asset businesses in England and Wales licensing files to designers, agencies, businesses and consumers through their own site, by single purchase or subscription.

What matters in stock asset licence terms

Licence types and permitted uses

The terms should define each licence (standard, extended, editorial) by the uses it permits: media, print runs, audience size, merchandise, resale products, and whether the licence is worldwide and perpetual. Under the Copyright, Designs and Patents Act 1988 the creator owns the asset and the customer receives only the licence bought; use beyond it is unlicensed and the terms should say that the fee for the correct licence is payable and the use must stop until it is.

Prohibited uses

Some uses are never licensed, and the terms should list them: resale or redistribution of the asset itself, use in a trade mark or logo, use in a way that is defamatory, pornographic or presents a person in a false light, use in machine learning datasets unless expressly licensed, and use that breaches the law or the rights of people or property shown. A customer who needs one of them is asking for a different negotiation.

Releases, people and property

Assets showing recognisable people, private property or trade marks need model and property releases for commercial use, and the terms should say which assets carry releases, that assets without them are licensed for editorial use only, and that the customer is responsible for use in a context the release does not cover. Under the UK GDPR and the Data Protection Act 2018 images of people are personal data and the terms should say the business holds releases as the basis for supply.

Seats, teams, subscriptions and downloads

A licence is per user unless a team licence is bought, and the terms should say how seats are counted, that downloads under a subscription are licensed while the subscription is active and remain licensed for uses made during it, and that unused downloads expire as stated. Subscription renewals must be made clear at purchase, because the Consumer Rights Act 2015 treats an unclear renewal as unfair for consumer subscribers and further rules for subscription contracts are being introduced under the Digital Markets, Competition and Consumers Act 2024.

Warranties, indemnity and liability

The business should warrant that it has the right to license the assets and that they do not knowingly infringe, and give an indemnity limited to a stated amount for claims that they do, excluding claims arising from the customer's own modifications, combinations or unlicensed uses. Liability should be capped at the fees paid, with consequential loss excluded, tested for reasonableness under the Unfair Contract Terms Act 1977 and not applied against a consumer's statutory rights. The digital content rules in sections 34 to 36 of the Consumer Rights Act 2015 and the consent to immediate supply under regulation 37 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to consumer purchases.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Buying online forms the engagement on payment. The scope is what the terms and conditions drafting page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

A customer used a standard-licence photo on a billboard campaign. What are they liable for?

If the standard licence excludes large-format advertising and the terms say unlicensed use requires the correct licence fee and must stop, they owe the extended licence fee and must stop until it is paid. The licence definitions decide it.

Can customers use our images to train an AI model?

Only if the licence expressly permits it. The terms should list use in machine learning datasets as prohibited unless separately licensed, which keeps that use as a distinct, priced right.

A person shown in an editorial-only image complains about its use in an advert. Who is responsible?

The customer who used an editorial-only asset commercially, if the terms limited that asset to editorial use and made the customer responsible for use outside it. Your release records are what show which was which.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for selling digital downloads
• Terms and conditions for a commercial photographer

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.