Who has the right?

Copyright | Licensing Images | Usage rights | The business of photography

So, what exactly is copyright, and what are usage rights?

Copyright means that you have the legal right to print or publish an image and to authorize others to do the same.

The photographer automatically owns the copyright from the second they make the image. The simplest way to say it is that whoever clicks the shutter, automatically owns copyright. They can then print, sell, and publish the image (depending on the subject) and they can authorize anyone else to do the same. So in essence, your dog could be the copyright owner of an image if he somehow got hold of your camera and pushed his paw down on the shutter. I actually have a file of my 3 year old daughter’s images from the times when she grabbed my phone and snapped away! You’ll bet they will be connected to a © symbol!

When you hire a professional photographer:

They are granting you rights to the images that you make in that session. If you do not have a contract that clearly states how you may use the images, then you do not have the legal right to use them, display them, print them, or post them.

What type of usage or licensing do you need?

If you are hiring a photographer for a family portrait, heirloom family image, senior portrait, framed wall images, or other similar styles of photography sessions. Then you will simply need “personal use and display”.

If you are a musician, artist, or individual interested in using images for self-promotion, you will be purchasing additional editorial usage rights/licensing for press release and promotion. You may see wording in your contract that states the amount of time you may use the image and specifically where and how the image may be used. I loop in a 5 year unlimited editorial usage license for every musician session with the option to purchase lifetime editorial usage. I like to keep things very simple in this way. Because it is looped in, you do not need to come back to me each and every time that you wish to post or publish an image.

Commercial / advertising work is another world. Each project is unique. Before you are quoted a price, you will discuss the particulars of the use of the image (ie. where it will be used, the size of the image if in print, the amount and the length of the run, the full budget for marketing, etc.). Expect this type of licensing to be much more, because you will have the ability to use the images to grow your business and, well, make money.

Can I purchase the entire copyright?

The short answer is, yes.

This is called a “buyout” and many photographers will not do this. It will be very costly, because it means that the photographer no longer has the right to print/publish/sell the images, and you do. You would be able to use the images for advertisements, sell them, and distribute however you like. Expect a number close to or above $10,000 for a complete buyout of each image - depending on how rare the image is, etc.

How I work:

As I mentioned before. I like simplicity. I understand that we are all busy people. I also understand creatives - and inspiration may come to you at any moment. You may get the idea to promote yourself and your work by posting or publishing an image in a certain area. I don’t want you to have to return to me each time you’d like to do so. If a magazine would like to publish an article - I’d love for you to have great images ready to go! We will discuss your intended usage of the images at your pre-session consultations and the rights will be worked into that initial contract. Unless we are working together on commercial and advertising work, you will most likely need “unlimited editorial/press release”. Let’s cover that right away!

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