Verified as of 28 September 2026. If anything has changed, let me know and I will update it with the date of the change.
A museum wishes to include your work in an exhibition catalogue. A magazine, to illustrate an article. A publisher, to use it on a cover. A brand, to incorporate it into a campaign or product. In all cases, it is advisable to respond in writing and specify the use you are authorising.
This guide explains what the agreement should contain. It complements Selling a painting is not selling its rights, which distinguishes between ownership of the physical object and exploitation rights. This is not a contract template nor does it replace legal advice.
Authorising a specific use
The term 'reproduction' may fall short. Copying an image into a file or printing it constitutes reproduction; distributing copies, placing it on a website or displaying it in a campaign may also involve distribution or communication to the public. The agreement must identify the modalities necessary for the project.
When an assignment of exploitation rights exists, the Intellectual Property Act limits its scope to the rights, modalities, time and territory agreed upon. If the duration is not indicated, the transfer is limited to five years; if no territory is fixed, to the country in which it is carried out. If the modalities are not expressed concretely, the assignment covers only what is essential for the purpose of the contract. The law declares the assignment of all future works to be void and excludes media of dissemination that were non-existent or unknown at the time of contracting.
Every assignment must be formalised in writing. Although a non-exclusive and ad-hoc authorisation may be articulated legally in various ways, putting it in writing prevents its scope from depending on incomplete messages or contradictory recollections.
What must be specified
- The work. Include title, year, medium and, if there is any room for doubt, a reference reproduction.
- The image used. If the photograph was taken by another person, one must also verify their rights and the existing commission.
- The modalities of exploitation. Reproduction, distribution, communication to the public or transformation, only to the extent necessary.
- The purpose. Catalogue, press release, website, social media, cover, poster, product, campaign or other identified use.
- The media and formats. Printed, digital, audiovisual, web, application, social media or outdoor advertising.
- The material scope. Print run, number of products, versions, languages, sizes or adaptations.
- The duration and territory. Avoid phrases such as 'in perpetuity and worldwide' if the project does not require them.
- Exclusivity. An exclusive assignment must be granted expressly as such and may even exclude the author within the granted scope. In a non-exclusive assignment, the author may use the work and authorise concurrent uses.
- Permitted alterations. Cropping, reframing, text overlay, colour change, animation or adaptation.
- The credit. Specify the form of the name, the title of the work and the location of the credit. Recognition of authorship is part of the moral right.
- Third-party involvement. Clarify whether a printer, agency, distributor or media outlet may receive the files and for what purpose.
- Remuneration. Indicate amount, taxes, method of payment and time of accrual.
- Delivery and withdrawal. Indicate which file is delivered, how it is stored and what happens upon the expiry of the permission.
Exclusivity and third parties
Exclusivity should not be inferred from an ambiguous phrase. The law requires that it be granted expressly. Within its scope, the exclusive assignee may exploit the work, excluding other persons and the assignor themselves. Unless otherwise agreed, they may also grant non-exclusive authorisations to third parties.
A non-exclusive assignment allows the author and other assignees to use the work under their own agreements. For a catalogue, a news item or the promotion of an exhibition, a non-exclusive authorisation limited to the project is usually sufficient.
Remuneration
When the author grants an assignment for consideration, the law establishes as a rule a proportional share in the income from the exploitation. It permits a flat fee in the cases listed in article 46, for example when determining the income proves seriously difficult or the use of the work is ancillary.
This does not establish a universal tariff. The price depends on the use, scope, duration, territory, exclusivity, print run, image placement, and commercial nature. If you decide to authorise a project free of charge, record that the waiver of fees is limited to that specific use and does not constitute a general authorisation.
Common scenarios
Catalogue and exhibition dissemination
Inclusion in the catalogue and the communication of images to inform about that exhibition may be authorised. The agreement need not cover subsequent campaigns, commercial products, or the institution's indefinite promotional archive. If you are lending the work, this may be regulated alongside the loan, as I explain in How to lend your work to an exhibition.
Press
The institution may provide an image to media outlets to report on the exhibition. Identify the period, the press material, the credits, and whether the images may remain in the media's digital archives.
Covers, posters, and products
Specify the number of copies, sales channels, languages, territory, duration, price, and settlement. An editorial cover, a free poster, and a product for sale do not constitute the same use.
Advertising
Identify the campaign, advertiser, media, territories, duration, formats, adaptations and exclusivity. Do not authorise 'promotional purposes' without knowing which pieces and channels are included.
Training and automated analysis
If the project intends to use files to train, fine-tune or evaluate a system, name that use expressly in the contract and decide whether you authorise it. Do not confuse that agreement with the statutory exceptions for text and data mining or with the reservation of rights applicable to content accessible online. The guide How to reserve your rights against data mining explains that separate route.
If an entity manages your rights
If you have entrusted rights to a management entity, review the contract before granting licences yourself. VEGAP manages the rights of visual authors and allows users to obtain authorisations for works in its repertoire. The scope of its intervention depends on the mandate and the work.
Creative Commons licences
A Creative Commons licence grants the public certain uses in advance under standardised conditions. Not all allow the same: some authorise commercial uses, adaptations, or both, while others restrict them.
Creative Commons licences are not revocable for those who have accessed the work under their terms. The holder may cease distributing new copies with that licence, but those who already have access may continue to use and redistribute them in accordance with it for the duration of the applicable rights. Before choosing one, verify that you control all included elements and that its conditions align with the circulation you desire.
Before signing
Verify that the document allows for unambiguous answers regarding:
- which work and image will be used;
- who is authorising and who is receiving the permission;
- which rights and modalities are granted;
- for what purpose;
- in what media, territory, and timeframe;
- whether exclusivity exists;
- what alterations are permitted;
- how the credit appears;
- which third parties are involved;
- how much is paid and how the agreement terminates.
On the open conversation
This guide explains the basic content of an authorisation based on Spanish legislation and institutional sources. It does not determine which contract a specific case requires.
If you work with reproduction authorisations and detect an omission or a relevant change, this guide remains open.
Sources
- Consolidated text of the Intellectual Property Act, articles 14, 17 to 21, 43, 45, 46, 48 and 50.
- Creative Commons, frequently asked questions, sections on choosing and revoking licences.
- VEGAP, information on the management and licensing of visual works.