Copyright & Usage Explained

I paid for a photographer so I own the photos, right? Well, not exactly.

Alright, let's get this clarified. It’s reasonable to think that when someone hires a photographer, they are essentially paying for time and effort to capture, edit, and hand over a collection of photos. Well, that's partially true, but there's more to it. The thing is, they don't actually own the photos a photographer takes. It might sound odd, but bear with me.

You see, when one engages a photographer, the images they create remain under their ownership, protected by copyright law. Even after they deliver the photos to you, they still maintain that ownership and copyright. However, fear not! They grant you a license, which means you get specific usage rights to utilize those images as agreed upon in your contract. So, while they retain the overall ownership, you have the freedom to use the photos as outlined in the terms you have agreed upon. Don't worry; I get it if it seems a bit perplexing, but once we lay it all out, it'll become crystal clear. Trust the process!

What is Copyright?

Let's set the record straight on copyright—the exclusive legal right that empowers an individual to control their work, from editing and printing to selling and distributing. And here's the kicker: contrary to what you might have heard, photo copyright doesn't need to be formally claimed or registered. As soon as that shutter clicks, copyright is automatically born, and it rightfully belongs to the person who hit that button. Nobody else can touch it, claim it as their own, or create modified versions without getting permission from the copyright holder.

Usage Rights

As the copyright owners, photographers grant the permission to use their artistry in ways we've agreed upon in the contract. These permissions are what we call "usage rights," and they're the golden rules of engagement. The contract will clearly spell out the dos and don'ts, so you know exactly how to wield your visual treasures.

For those heartwarming non-commercial shoots like weddings and family portraits, the usage rights often allow you to share the joy on social media and create prints and albums for your beloved family and friends. Now, in the wild world of commercial clients, the usage rights get a bit more specific. Here, we might outline how the images can be used, whether they can be shared or sold to third parties, and if there's a time limit for their grand appearance. For instance, those captivating real estate photos, they're usually licensed for a limited time to promote the property's sale.

Here's the key to the kingdom: usage rights are exclusively for YOU—the purchaser. You can't go transferring or selling these gems to anyone else without the photographer’s nod of approval. Why, you ask? Simple, because they crafted these images specifically for you, and you paid for the right to use them.

Imagine you're a real estate agent, and you've invested in these stunning photos to showcase a property. How would you feel if some other agent swooped in and used your paid-for masterpieces for their own gain? Not cool, right? That's what we call copyright infringement, and we've got your back to ensure your investment stays YOURS. Let's keep this creative magic flowing with the right respect and appreciation for everyone's hard work!

Exclusivity & Privacy

Here's the deal: since your photographer is the proud owner of those images, they have the freedom to share them on social media, post them on their website, or anywhere else to promote their fabulous work- unless otherwise stated or negotiated. Heck, they could even license those beauties to a third party for use or sale if they fancy it. Now, I get it; it's thrilling to see your radiant self featured in your photographer's portfolio. But what if they decide to put them up on a stock photo site for sale? Your face could end up on a billboard or in a magazine advertising something dubious! Gasp.

Now, here's the important part: if there's nothing in your contract stating otherwise, your photographer has unlimited usage rights. They can use or sell those images any which way they desire. Now, before you panic, let me assure you, most photographers aren't here to embarrass our cherished clients. When we use client images, it's typically to showcase the awesome sessions on our own social media and websites, and sometimes we might grant licenses to vendors so they can flaunt the fantastic work they did for you.

But hey, if you have any worries about how your images might be used, you can take a proactive approach. You can request limited usage, allowing the photographer to use them for promotional purposes only—no reselling or granting licenses to anyone else, vendors or stock photo agencies, without your explicit permission. Or, for the ultimate in control, you can go for the exclusive rights option. This means the photographer must seek your blessing before using or licensing any image for any reason. Now, I gotta be real with you; requesting limited or exclusive rights often comes with a fee and can be a tad pricey.

Example 1: Buying a photo is like buying a song

When you purchase a music track or album, you aren’t actually purchasing the music itself. The musician retains the copyright to their music, but you are issued a license to listen to it yourself. You don’t own the music outright, so you can’t make copies and give them away or sell them. And you can’t use the music for another purpose besides listening to it (like using it as the soundtrack in a movie). You also can’t edit it and reuse it, like taking the lyrics and setting them to your own music (a derivative work). The musician owns the music, but you can pay a small fee for the right to listen to it. Anything beyond that would require additional permission/licensing and will come at a cost.

Example 2: Why we don’t let you give your images to anyone else without our permission

Let’s say an event planner is booking vendors for a corporate holiday party and reaches out to a photographer on behalf of their client, and the corporate client decides to book. The corporate client will sign a contract for photography services and receive usage rights for the images. But the event planner ALSO wants a full set of high-resolution, non-watermarked images to use in their next brochure. And maybe the caterer, the band, and the venue do, too. If they want something other than low-res, watermarked complimentary vendor images, they would need to purchase a license to receive and use the full-size files, just like the original client did. Depending on the photographer, these may be priced individually or as a bulk set of all images from the event. And by going directly through the photographer, we can ensure that any privacy & exclusivity clauses are honored and that the 3rd parties are using images provided in accordance with copyright law.

The bottom line

We understand that copyright is confusing for many people, so if you aren’t sure about how you can legally use your photos, ask us! We’ll be happy to help. The key here is communication and finding that sweet spot between showcasing the magic we create together and respecting your personal boundaries. So, talk to your photographer, be open about your concerns, and find a solution that works for both of you. It's all about striking that perfect balance!

Want to know more? Reach out to us at Productions@DesignWorksVM.com

**Adapted and modified from Belletti Photography