Copyright & Licensing
Copyright
What is Copyright?
Copyright in photography simply means that the photographer owns the photos that they capture during your photoshoot. Copyright law says that when you take a photograph, you become the copyright owner of the photo created.
The photographer has exclusive rights to the photos according to the Copyright Law. This means the photographer holds exclusive rights to:
Reproduce the photographs
Display the photographs in a public space
Sell or distribute copies of the copyrighted photographs
Create derivatives of the photographs
After a photoshoot is complete, who owns the photos?
The photographer owns the copyright to the photos and will grant you specific permissions written in the license agreement also known as a “Photo Usage License”.
In most cases your license will cover all of your usage needs, such as (web portfolio, print portfolio, PR, Marketing, award submissions, etc.) in perpetuity.
Can you sell the photos to your vendors to recoup the expense of a photo shoot?
No, If you reproduce, publish or distribute a copyrighted photo without permission or a valid license, you are committing a legal offense – namely, copyright infringement. You must obtain permission from the photographer.
What’s the difference between licensing and copyright?
As the copyright owner the photographer has the right to license the photos to you and another party. Licensing is a way of granting someone permission to use the photos without affecting the (copyright) ownership of that photo.
Third Party Usage
Who is a third party?
Anyone who has worked on or contributed to the project. This could be the architect, interior designer, GC, builder, and all of the product manufacturers such as the lighting, flooring, appliances, cabinets, and tile companies, vendors, etc.
Can you distribute the photos to your vendors, or other parties?
No, all third parties must obtain permission from the photographer to use the photos. A third party must purchase a “Photo Usage License” from the photographer to use the photos. You will receive 25% of the sale as a credit toward your next photo shoot.
Can you share the photos with vendors who produced the products in the photos on social media?
Nope, each vendor must purchase a “Photo Usage License” from the photographer to use the photos. This includes all vendors such as kitchen cabinets, lighting, furniture, fixtures, etc. You will receive 25% of the sale as a credit toward your next photo shoot.
Can you use the photos for an editorial in a publication?
Yes, as long as you received clear written permission from the photographer about publication use?
In most cases the publication must purchase a “Photo Usage License” from the photographer to use the photos. They are also considered a third party.
Photo Licensing
Do you have clear written permission from the photographer to use the photos?
If not, then you must obtain permission to use commercially or to distribute to another party. The photographer will write up a contract or “license” which will give you the legal permission to use the photos.
Shared Party Photo Shoot
What is cost sharing?
Cost sharing is beneficial when multiple parties come together and split the cost for the photo shoot. A cost share license fee is added for each additional party, then the sum is split between each party. We add 30% for each additional party.