What does the right to use images include?
After a shoot, you receive the photo files and think it's done. However, the rights to use those images, where, for how long, and for what purpose, are entirely different matters.
The rights to use images are a license (a conditional grant of rights) that defines the scope in which you can use those images. This license needs to specify five axes: type of medium, duration, territory, exclusivity, and scale of distribution. Any scope not clearly defined in the contract may lead to disputes, so it should be adequately detailed.
- when signing contracts, clarify the year and scope of usage rights
- images used for paid advertising or on packaging, billboards
- industry sensitive to real people's images
- I think paying for the photo shoot means owning all the rights.
Paying for a photo shoot does not necessarily mean you are purchasing full rights to the images. Who holds what rights depends on who you sign with and how the contract is written. The amount you pay for the shoot is a production service fee. The rights to use those images for what purpose, where, and for how long are separate matters that need to be stated as clauses. If the contract does not specify, your rights may easily become a point of dispute, so be clear.
The five axes that need to be specified
According to international licensing practices, the rights to use photos operate like a lease agreement. In Vietnam, if you sign directly with the photographer to create images, property rights default to the client unless the contract states otherwise; if you sign with a studio, your rights follow the terms of the contract with the studio. The five axes below outline how to define the scope when the contract grants usage rights. This scope is determined by the following five axes.
- Type of media and purpose: brand website, social media, paid advertising, print, product packaging, outdoor signage. Each type has different exploitation values, and the usage rights also vary.
- Term: one year, three years, or perpetual. If not specified, you may be using images beyond the agreed term without realizing it.
- Territory: domestic, regional, or global. A brand that only sells domestically does not need to purchase global rights and vice versa.
- Exclusivity: exclusivity means the author cannot sell the image to another party while you hold the rights. This limits the author's ability to earn more from the same image, so the price is often significantly higher.
- Release scale (print run, number of impressions): printing a few hundred flyers is very different from a multi-platform advertising campaign. The larger the scale, the higher the value of usage rights.
Two things are often overlooked
In addition to the five axes above, there are two types of documents that many brand photography contracts overlook, and these are the source of future legal risks.
- Model release: a document signed by the person appearing in the photo, agreeing to the use of their image for commercial purposes. Without this document, you should carefully consider before using images featuring real people for advertising, especially in sensitive industries such as cosmetics, healthcare, or finance.
- Location release: a similar document signed with the property owner of an identifiable location. These two documents are not automatically available for every photo: only when they are formally created and handed over do you have evidence for use.
When to need wider rights.
Only for web and internal use: a package of rights sufficient for brand websites and social media is usually enough, without needing global exclusivity indefinitely. Purchasing broader rights than necessary incurs unnecessary costs.
Running paid ads or on packaging, outdoor billboards: you need to specify each of these media in the contract. The value of exploitation and the price of usage rights differ significantly from regular web use. If you overlook this and use the images in advertising, you are exceeding the rights you have purchased.
Common errors
- Thinking that paying for the shoot means you own all the images and copyrights, while the rights depend on the agreement and contract terms.
- Not specifying the deadline in the contract results in discovering that you are operating outside the scope when the deadline expires.
- Miss paid advertising channels, then run ads and inadvertently exceed permissions.
- Forget to request model releases and location releases, using images of real people for advertising without written consent.
- Confusing exclusivity with a broad media scope. These two are independent of each other and need to be recorded separately.
Any rights not specified in the contract should be considered ungranted.
ASMP Licensing Guide, Terms and Conditions (foreign practices, for reference)
Note: the information about Vietnamese Intellectual Property Law on this page is for reference only. For contracts of significant value or complexity, you should refer to the current consolidated law and seek additional legal advice.
Decision checklist
Topic: What does image usage rights include? Sinh Vũ Handbook, sinhvu.com
Tick each item that applies or that you can already answer, then print or save as PDF to take with you.
If you have marked most of the signs above, this is the time to discuss in more detail. Sinh Vũ can help you review and propose a direction.
This article provides general information according to the documents in effect as of October 6, 2026. This is not legal advice and does not substitute for a lawyer's opinion for your specific case. Rights and obligations between Sinh Vũ and clients arise only according to the signed contract.
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References
ASMP Licensing Guide, Terms and Conditions. ASMP, Scott Highton, Rights and Value. Intellectual Property Law of Vietnam, WIPO Lex. Practical experience from Sinh Vũ.
Frequently asked questions
Does paying for the shoot mean you own the photos and the rights?
Not necessarily. The payment for the photo shoot is a service fee, covering labor and equipment. According to Intellectual Property Law, copyright belongs to the photographer, while property rights may belong to the client if the work is created under a contract and no other agreements are made (Article 39). Therefore, the answer depends on how the contract is written. You should clearly specify the scope of usage rights, and if you want to transfer property rights, state it as a separate clause, as the price can be significantly different.
How does exclusivity differ from being used in many places?
Exclusivity means the author cannot sell the image to a third party while you hold the rights. Being able to use it in multiple places indicates a broad scope of media, but the author can still allow others to use the same image. These two aspects are independent of each other and need to be stated separately in the contract.
What are model release and location release, and are they necessary?
A model release is a document signed by the model or person appearing in the photo, agreeing to the use of their image for commercial purposes. A location release is a similar document signed by the property owner. In Vietnam, using an individual's image requires their consent, and for commercial purposes, compensation must be paid unless otherwise agreed (Article 32 of the Civil Code 2015). Without these two documents, you should carefully consider before using images featuring real people or identifiable locations for advertising, especially in sensitive industries such as cosmetics, healthcare, or finance. Images with people also touch on personal data, so you need to refer to the Personal Data Protection Law 91/2025 and consult a lawyer.
This article is for reference. The scope, pricing, and specific commitments of Sinh Vũ are detailed in the proposal and signed contract.