How do I license the rights to an artwork?
Licensing the rights to an artwork can feel confusing, particularly when you are working to a deadline or navigating multiple stakeholders. If you are asking “how do I license the rights to an artwork?” the answer depends on how the artwork will be used, where it will appear, and who owns the rights.
Whether you are producing an advertising campaign, packaging, film, editorial content, or digital media, using artwork without the correct permissions can expose brands, agencies, and producers to legal, financial, and reputational risk.
This guide explains how to license the rights to an artwork, what permissions are required, and how licensing protects your campaign.
The Short Answer: How Do I License the Rights to an Artwork?
You license the rights to an artwork by obtaining formal permission from the rights holder, setting out exactly how the artwork can be used.
This permission is usually granted through a licence agreement. The licence defines how the artwork may be used, where it can appear, how long it can be used for, and which territories are covered. Without this agreement in place, using artwork commercially is rarely safe.
What Does It Mean to License an Artwork?
Licensing an artwork does not usually mean buying or owning it.
Instead, licensing gives you limited permission to use the artwork in specific ways, while ownership remains with the artist, estate, or rights holder. The scope of those permissions is carefully defined and legally binding.
Artwork may be protected by copyright law, moral rights, or contractual restrictions. Because of this, permissions must be clear, specific, and properly documented.
Who Owns the Rights to an Artwork?
Before you can license an artwork, you need to identify who controls the rights.
In some cases, this will be the living artist. In others, the rights may sit with an estate, a publisher, an archive, or multiple parties at once. Rights ownership is not always obvious, particularly with older, famous, or widely reproduced artworks.
This uncertainty is one of the most common reasons campaigns run into problems, and it is where professional rights management becomes essential.
When Do I Need to License the Rights to an Artwork?
You will always need a licence if the artwork is being used commercially. This includes artwork used in advertising and marketing campaigns, on packaging or merchandise, within film or television content, or as part of branded or sponsored digital media. If the artwork supports a product, service, or call to action, licensing is required.
In these situations, formal artwork licensing protects both the advertiser and the rights holder.
Find out more about our brand licensing services here
What Does an Artwork Licence Typically Cover?
An artwork licence sets out the practical and legal boundaries of use. It will usually specify the type of media the artwork can appear in, the duration of the licence, the geographic territories covered, and whether the artwork can be used across multiple channels. It may also include approval rights, usage restrictions, and agreed fees.
Licences are rarely one-size-fits-all. The terms must reflect how the artwork will actually be used in practice, rather than relying on broad or assumed permissions.
What Happens If You Use Artwork Without Licensing?
Using artwork without the correct licence can escalate quickly, particularly for high-profile or international campaigns.
Consequences can include campaign takedowns, legal claims or injunctions, financial penalties or backdated fees, reputational damage, and forced re-edits or withdrawals. These risks increase significantly once work has been published or distributed widely.
This is why rights clearance should always be addressed early in the creative process.
How SB Licensing Helps You License Artwork Rights
At SB Licensing, we specialise in brand licensing and rights management for advertising campaigns and commercial use.
We support brands and agencies by advising on licensing feasibility , identifying who owns the rights to an artwork, and securing the correct permissions. We also help navigate copyright, moral rights, and publicity rights, clearing usage for global and multi-channel campaigns.
Where needed, we work directly with artists, estates, and rights holders to ensure permissions are properly negotiated and documented.
Find examples of our work here
Our role is to protect both the creative vision and the commercial outcome, so artwork can be used confidently and responsibly.
If you are ever unsure whether artwork needs licensing, the safest assumption is that permission is required.
Clearing rights early avoids costly delays, protects your campaign, and gives you the confidence to move forward creatively.
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Yes. If artwork is used to promote a product, service, or brand, it must be licensed. Advertising use requires formal permission from the rights holder, even if the artwork appears briefly or online.
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Rights ownership depends on the artwork. It may belong to the artist, their estate, a publisher, or an archive. For older or widely used artworks, ownership is not always obvious and must be confirmed before use.
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No. Crediting the artist does not grant permission to use the artwork. Copyright applies regardless of where the artwork is found, and commercial use still requires a licence.
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An artwork licence sets out how the artwork can be used. This typically covers media type, duration, territories, and any restrictions or approval rights. Fees and renewal terms are also commonly included.
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No. Buying artwork gives you physical ownership only. Licensing grants specific rights to reproduce or use the artwork commercially while ownership remains with the rights holder.
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Yes. If artwork is used in branded or promotional social media content, it is treated as advertising and usually requires licensing, even on organic posts.
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Using artwork without licensing can lead to takedown demands, legal claims, financial penalties, reputational damage, and forced changes to live campaigns.
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Yes, but global usage must be clearly agreed. Worldwide rights are not automatic and must be negotiated as part of the licence.
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Timelines vary. Some licences can be secured quickly, while others require negotiation with estates or multiple rights holders. Starting early reduces the risk of campaign delays.
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Specialist licensing agencies like SB Licensing manage artwork rights clearance, negotiate licences, and ensure permissions are legally sound for commercial campaigns.