I’ll admit, when I hired a professional photographer for the first time, I had a little trouble understanding photography usage rights. It’s an important topic worth the next three minutes of your time.
Who owns the photos?
It is understood that all images, whether proofs, digital files, or final prints, and all rights to them remain the property of the photographer. The photographer owns the copyright to all photos they create. When the client, “purchases” digital files for example, they’re really purchasing the use of those files. Even if they’re given the freedom to download files, they are paying to use them and the photographer still owns them.
Photography Copyright
Copyright is a form of intellectual property law and exists the moment a photo is created. The creator owns the copyright. Copyright protects original works of authorship, including original photographs. The exception is if the photographer is employed by a larger company; then the copyright would belong to that company.
Photo Licensing
Photo licensing is when a photographer grants a client permission to use the photo(s) created. This is given when a client purchases digital files. The photographer still retains the copyright.
There may be a personal use license granted. This would be like in the case of a client hiring a wedding photographer and purchasing digital files to create an album, print physical images, or use them online.
In the case of commercial photography, there may be commercial and/or editorial use. Clients may want to promote their business using images in marketing or they may want to use the images in an editorial publication.
Duration of Usage
The duration of usage is the amount of time the licensee has been granted usage of the created images. This may be a set amount of time or it may be unlimited. In the case of personal usage in portrait photography for individuals, couples, or families, the usage is most often unlimited. Commercial photography duration may vary.
Exclusive vs. Non-exclusive Rights
If the licensee (client) purchases exclusive photography rights, although the photographer still owns the copyright, the photographer agrees that the client is the only entity capable of using said images while the license is in effect. This is usually an expensive option and not very common.
If the licensee (client) purchases non-exclusive rights, the photographer still owns the copyright to the images, and they can still use the images in any way they see fit. This is more common, especially for portrait photography. For example, a family photographer who sells digital files as part of a collection or package is selling non-exclusive, personal-usage rights. The photographer is still the owner of the images and holds the copyright. The family is able to enjoy the images for personal use: on social media, printed and framed images, on greeting cards, or in albums.
I’m a Photographer
Although this seems like a lot of information, it really just scratches the surface. I’m a photographer, not a lawyer. This is my best understanding of a complicated topic, and this shouldn’t be regarded as legal advice.
If you have specific questions about your photography usage rights when hiring me as your photographer, please don’t hesitate to ask. Contact me to schedule your portrait session, event, or wedding documentation. I would love to work with you!
If you’d like to read more info about photography rights usage, this is an informative article.
