LICENSING PHOTOS FOR COMMERCIAL USE:
WHO OWNS A PHOTO?
In the United States, a person who makes a photograph owns the copyright immediately upon its creation according to the Federal Copyright Act of 1976. Copyright only belongs to the client if exclusive ‘buyout’ rights are obtained through a mutually agreed upon contract.
WHAT IS COPYRIGHT?
Copyright is the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something (such as literary, musical, or artistic work). This includes photographs.
A copyright is a legal device that gives the creator the sole right to publish and sell that work. Copyright owners have the right to control the reproduction of their work, including the right to receive payment for that reproduction. Violation of a copyright is illegal and is referred to as “copyright infringement”
CAN YOU HAVE THE COPYRIGHT?
If a photographer agrees to give you copyright to a photo they are giving you unlimited permission to profit from the photo and to alter it and therefore would be relinquishing any ownership or control over the use of the photo they created. When a photographer transfers the copyright of a photo they charge a substantial fee to the client. Copyright is sometimes confused with ‘unlimited usage’ which just means to be able to use the images from their project however and wherever they like without restriction.
DO YOU NEED THE COPYRIGHT?
Outside of atypical circumstances, commercial photographers maintain copyright ownership of photos they’re hired to make and in turn for a fee grant clients a license to use the photos for their specified purposes. All clients need an usage license from the photographer, whether the photos will be used commercially OR personally. The uses of a photo can be as little as a one time ad or a multi-year marketing campaign.
Ultimately, the only thing not having a copyright prevents a client from doing is reselling a photo or giving it to third parties for their use or economic gain.
WHAT IS AN “IMAGE LICENSE” THEN?
This is defined as the practice of defining and selling a specific license to use an image in a specific way, rather than selling a photo outright to a client. (I.e. the copyright). When a photographer is commissioned, the client pays a fee for the license to use the photo and this is called ‘licensing’.
For clients that do not need commercial, editorial, or advertising use, a ‘personal license’ can be granted which permits the client to print the photograph, send to friends or family, and share non-commercially.
If it is intended to use a photo for business or commercial purposes (I.e. economic gain) the license will define parameters like where you intend to use it, whether it’s print or digital, and the length of time the photo can be used.
If you have any lingering questions please reach out and I’ll be happy to discuss.
Other resources on copyright:
US Copyright Office / Professional Photographers of America / TheLawTog