Tacit Agreement

28 May 2025 | 28 May 2025 | 3 min |

In this article :

In the field of professional photography, the question of consent and usage rights of images is crucial. Yet, one concept often comes up in informal exchanges: that of tacit agreement. This term, sometimes misunderstood or used imprecisely, refers to a situation where permission to do something is assumed to have been given, without it having been formally expressed in writing or orally. In the context of a photography collaboration, this notion deserves particular attention, as it can have significant legal or contractual consequences.

What is a Tacit Agreement in Photography?

A tacit agreement is a form of implicit consent: no signature or written exchange formalizes the authorization, but behaviors, circumstances, or the absence of obvious opposition may suggest that an agreement exists. In photography, this can concern a model’s image rights, the use of photographs in a portfolio, or the publication of images on social media. For example, when a client agrees to a photo session and does not object to the publication of the images, some interpret this silence as a tacit agreement. However, beware: this type of consent does not legally protect the photographer in case of dispute. The interpretation of a tacit agreement depends on context and does not hold the same value as a signed contract.

The Legal Limits of a Tacit Agreement

In practice, a tacit agreement may be tolerated in certain contexts, but it never constitutes sufficient legal guarantee. Regarding image rights, French law requires clear and explicit authorization from the photographed person for any use of their image. Relying on a tacit agreement thus exposes one to risks, especially if the person changes their mind or disputes the use of the photos. The same applies to exploitation rights: even if a client does not oppose the use of their photos in your portfolio, this does not equal formal approval. Without a contract, ambiguity reigns, and in case of disagreement, the photographer may be left without any protection. Case law almost always favors the party who did not give explicit consent.

Why Formalize, Even in Cases of Perfect Understanding

Even if the collaboration is smooth and relationships are built on trust, it is strongly recommended to formalize agreements in writing: authorization for publication, rights transfer, payment terms, image usage, etc. A clear email, a signed estimate, or a simple clause added to a standard contract often suffice to remove any ambiguity. This allows working calmly, avoiding misunderstandings, and anticipating conflicts. The use of tacit agreement, often out of convenience or habit, should only be a temporary solution and never a standard practice. Photography is a profession that deserves clear rules, even within an artistic or collaborative framework.

Conclusion

A tacit agreement may seem practical in the short term, but it remains a gray area with little legal value in most photography-related cases. To protect your work, your rights, and your professional relationships, it is better to opt for clear communication and appropriate contractual documents. Even in informal settings, transparency and formalization are the photographer’s best allies. And you, do you take the time to set the foundations of your collaborations before pressing the shutter?

Écrit par Jérémy Carlo

Jérémy Carlo is the editorial director at Rétines, where he ensures the consistency and clarity of all content produced by the studio. His role goes beyond writing—he shapes the tone, structures the messages, and upholds a precise, demanding editorial line that stays true to the identity of Rétines. With a background in visual communication and solid experience in content strategy, he bridges the technical world of photography with clear, no-frills writing.

Jérémy works closely with photographers, art directors, and the commercial team to make sure every word published serves the image, the message, and the brand. From blog articles and client presentations to social media posts and internal documents—everything is filtered through his attentive eye. His strength lies in making complex ideas accessible without oversimplifying, and in highlighting the studio’s work without relying on unnecessary superlatives.

Through his writing, Jérémy helps Rétines exist beyond the image—by giving context to projects, emphasizing the thinking behind each shoot, and bringing to light the technical and aesthetic choices that drive each photograph.