AI artwork licence agreement (AI-assisted images) template

AI Artwork Licence Agreement

Parties: Creator · Licensee

1. The Works

The licensed images are the following (the “Works”):

[[List the Works: titles or IDs, file names and, where useful, the size or resolution]]

AI tools used to make them: [[Names of the AI tools and their versions or plans]]

Prompts and inputs: [[A short summary of the prompts or inputs, or “not disclosed”]]

The Creator’s own edits: [[What the Creator changed by hand, such as retouching, compositing or painting over, or “none”]]

Other images by the Creator are not covered.

2. What the Creator states

The Creator states that it made the Works itself using the tools named above, and that it has the right to license the Works under the terms of those tools that applied when it made them. The Creator has not received a notice from a tool provider or anyone else that the Works may not be licensed in this way.

The Creator does not promise that the Works are protected by copyright or by any other right, or that they are unique. Whether and how far images made with AI tools are protected depends on the law that applies and on how much human creative work went into them, and AI tools can produce images that resemble others.

3. Grant of licence

The Creator grants the Licensee a [[non-exclusive / exclusive]] licence to use the Works within these limits:

Territory: [[Territory, e.g. worldwide]]

Term: [[Term, e.g. 3 years from the date of this agreement / without a time limit]]

Media and uses: [[Media and uses, e.g. a website, social media posts, a book cover or a printed brochure]]

Sublicensing: [[not allowed / allowed to the Licensee’s clients and service providers for the licensed uses]]

Modification: [[allowed, e.g. cropping, resizing, colour changes and combining with other material / not allowed]]

Where no right protects a Work, the Creator promises not to object to the licensed uses, and the other terms of this agreement apply in the same way. The licence is not transferable. A use outside these limits needs a new licence.

4. Uses not allowed

Unless a blank below allows it, the Licensee does not use a Work, or a main part of it, as a trade mark, logo or domain name; does not present a Work as a photograph or record of a real event, person or place, or use it as evidence; and does not resell or sublicense the Works as images, for example as stock, templates or downloads. The Licensee does not use the Works in a way that is unlawful, defamatory or obscene.

Use of the Works to train, fine-tune or test another AI model, or adding them to a dataset: [[not allowed / allowed as follows]]

5. Disclosure of AI-generated content

Some laws and platforms require content made or changed with AI tools to be labelled, and these rules are still developing. The Licensee is responsible for labelling the Works in its own uses as the law that applies and the rules of the platform or medium require. The Creator names the tools used so that the Licensee can do so.

Who adds the label: [[the Licensee / the Creator provides the wording of the label and the Licensee shows it]]

Neither party presents a Work made with AI tools as hand-made or as a photograph.

6. Third-party rights and likenesses

The Creator does not knowingly include in a Work the recognisable likeness of a real person, or a character, logo, brand or artwork that belongs to someone else, unless it has permission. Permissions the Creator holds: [[none / list the permissions]]

The Licensee does not ask the Creator for a Work that shows a real person or a protected character or brand, unless the Licensee has the permission needed and has told the Creator in writing or in electronic form; getting that permission is then the Licensee’s responsibility. The Licensee does not use a Work in a way that suggests that a real person or a brand supports a product or a cause.

7. Fee and payment

The Licensee pays the licence fee shown in the price schedule of this contract or, if there is none, [[the agreed fee or “no fee”]], on the payment terms stated in this contract. The licence starts when the fee has been paid in full or, if there is no fee, on the effective date.

Royalty: [[none / the rate and the revenue it is calculated on]]

Where a royalty applies, the Licensee sends a statement of the revenue [[every quarter]] and the Creator may ask to see the records behind it.

8. Credit

The Licensee credits the Creator as [[the credit wording, e.g. “Image: name, made with AI tools” / no credit required]] in the place and in the way that is customary for the use. A label that the Licensee adds to show that content was made with AI tools is separate and does not replace the credit. If a credit is missing, the Licensee puts this right as soon as it learns of it.

9. Ownership and the tools’ terms

As between the parties, and as far as the law that applies and the terms of the AI tools allow, the Creator keeps the rights it has in the Works, and the Licensee receives only the licence. Material that the Licensee combines with a Work, such as text, layout or logos, stays the Licensee’s.

The terms of the AI tools used, including any limits on commercial use, on credit or on use for competing services, continue to apply and may affect what the Creator can license. On request, the Creator tells the Licensee which of those terms matter for the Works.

10. Infringement claims and takedown

The Creator does not promise that a Work does not infringe the rights of others beyond what it knows: AI tools can produce images that resemble existing works or contain protected elements, and the Creator cannot always tell.

If someone claims that a Work infringes a right, or a tool provider or a platform asks for a Work to be removed, the party that learns of it tells the other without delay and gives the details. The Licensee then stops the affected use or removes the Work within [[5]] business days of a request from the Creator, while the claim is looked into. The Creator then does what is chosen here: [[provides a replacement Work / refunds the fee for the removed Work / helps to replace the Work at an hourly rate]]

11. The Licensee’s obligations

The Licensee keeps to the limits of the licence, keeps the files safe and passes them only to its own staff and service providers who work on the licensed use, for whom it is responsible. It follows the law and the platform rules that apply to its uses, including those on labelling. It does not remove from a Work metadata or marks that show it was made with AI tools, unless the Creator agrees. The Licensee is responsible for the text, layout and other material it adds, and for how it uses the Works beyond what the Creator has stated in this agreement.

12. Prompts and inputs

Prompts and inputs: [[The Creator keeps the prompts and inputs confidential and does not hand them over / The Creator gives the Licensee the prompts and inputs listed under The Works, and the Licensee keeps them confidential]]

A party that holds the other’s confidential information uses it only for this agreement and keeps it confidential for [[3]] years after the agreement ends, except where the law requires disclosure or the information is already public.

13. Term and termination

The licence lasts for the term stated under Grant of licence. Either party may end it by notice in writing or in electronic form if the other party seriously breaches this agreement and does not put this right within [[14]] days of being asked to.

When the licence ends, the Licensee stops new uses of the Works and removes them from its websites and social media within [[30]] days. Material that has already been printed or published need not be recalled, and printed stock may be used up for [[90]] days after the end.

14. Liability

Except for intent, gross negligence, personal injury or where the law does not allow a limitation, each party’s total liability under this agreement is limited to [[the fee paid or payable / a fixed amount]].

The Creator does not promise legal protection for a Work, so a Work that turns out not to be protected is not in itself a breach of this agreement.

15. Governing law and disputes

This agreement is governed by the law stated under Governing law. The parties will first try to settle any dispute in good faith. Otherwise the courts stated under Jurisdiction decide, unless mandatory law provides otherwise.

Payment terms

[[When and how the licence fee is paid, if any, e.g. within 14 days of receiving the invoice, by bank transfer]]

Governing law

[[Country or state whose law applies]]

Jurisdiction

[[Courts that decide disputes, e.g. the courts of your city]]