A contract in this trade mixes three different things that do not obey the same rules. Separating them is what protects both parties.
The five clauses that decide everything
They are read before signing, not after distribution.
What is transferred: the file, the licence, or both, and whether the licence is exclusive. Exclusivity stops you working for a competitor, which has a value and must be paid for.
Where it may be used: the brand's account, paid advertising, the website, marketplaces, points of sale, internal communication. Each channel is a line, not an assumption.
For how long: a duration written in months or years. A licence with no duration is an unlimited transfer that has not been paid for as such.
In what territory: one country, a zone, or the world. The three do not have the same price.
And what happens to your image: that is the block described above, the one systematically forgotten.
What to add every time
Four short clauses, which prevent real conflicts.
The fate of derived versions: cut-downs, alternative openings, stills pulled from the video. They follow the same licence, but only if it is written down.
What happens at the end of the licence: distribution stops, material still online is taken down, and a deadline for doing it.
The link between payment and licence: the licence is granted only on payment in full. It is the one clause that gives you leverage while an invoice is open.
And the name of the person who approves on the brand's side, with their address. A contract with no named contact is a contract that is hard to enforce.
What falls under personal data
That is the least understood point in the category.
Your face and your voice are not merely elements of a video: they are information about you, and their processing follows its own rules, distinct from copyright.
The applicable obligations, the statements to plan for, the retention period, the cases for withdrawing consent and how to word it depend on your situation and are checked with a lawyer before signing.
The Spanish detail
Two useful clarifications in this market.
Many enquiries come from foreign brands or international agencies, which raises the question of the applicable law and the competent court in case of disagreement. Those two points are read before signing, because a perfect contract under a distant law is of no use to you.
And the contract has to say what happens if the brand sells its catalogue, merges or disappears. Does the licence follow the buyer? With no written answer, the question arises at the worst moment.
The four lines that prevent a dispute
| Line | What it fixes | If it is missing |
|---|---|---|
| Media | Where the video runs | An unforeseen release |
| Territory | In which countries | A worldwide campaign at a local price |
| Duration | How many months | A video online for years |
| Exclusivity | Competitors barred or not | An unpaid restriction |
What is signed before the shoot
The document, never after. A permission obtained once the video is delivered carries no negotiating power.
What applies to people filmed
Anyone recognisable gives written consent, including a relative, a child through their parents and a passer-by in close-up.
What never to sign
Three formulations, and they come up often.
A transfer of rights "free of charge" attached to a product exchange: an exchange never pays for a licence.
A licence "for all channels, known and unknown, with no limit of duration or territory", with no corresponding price.
And a clause stopping you showing your own work in your portfolio. It is always negotiable, and a serious brand accepts a written exception for demonstration use.
Sources
- Agencia Tributaria, Spanish tax authority
- Spanish Social Security, self-employed registration (RETA)
Checked on 27 August 2026. Thresholds and rates change: where this guide and the official source disagree, the official source is right.
