Let’s talk about photo licensing—yep, that tricky topic that seems to pop up all the time in commercial photography
Let’s talk about photo licensing—yep, that tricky topic that seems to pop up all the time in commercial photography. It’s the elephant in the room, but honestly, it shouldn’t be. Having a clear conversation about how images will be used is key—not just for the photographer’s protection, but for the client’s benefit too.
While this mostly applies to my commercial clients who use images to promote their businesses, I also make sure my portrait clients sign an image usage agreement to keep things crystal clear.
So why am I bringing this up now?
A client recently asked me about a copyright buyout (don’t worry, I’ll explain what that means soon!).
I finally feel confident enough to break down copyright and licensing in a way that actually makes sense.
Let’s be real—many businesses (and even some photographers) are still in the dark when it comes to licensing, copyright, and what it all means for them.
Let’s dive in and demystify this once and for all!
Today, let's take a friendly dive into the fascinating world of photo copyright and licensing—
Think of it as your personal guide to navigating the photo universe. In this easy-to-follow journey, we'll break down the mysteries of copyright and licensing, explore why clients don’t necessarily need a copyright buyout, and discover how licensing serves as a protective shield for both the photographer and the client.
A great starting point? An email I received earlier this month from a client. Their licensing agreement allowed them to use the images for their online listing and any promotional materials, including marketing and social media. The license was non-exclusive and didn’t include third-party usage—meaning only they and I could use the images (don’t worry, I’ll explain more about third-party usage soon). The email went something like this:
"If I’m paying $XXXX for you to take photos of the rental, I would expect to own the copyright in the photos and use them for any purpose and in any medium as I see fit. I would be happy to agree to attribution and for you to use the photos in your portfolio or to promote your business. Can you please modify the agreement to reflect this understanding?"
I totally get where they’re coming from—I probably would have thought the same thing when I first started out 10 years ago. Back then, I didn’t know a thing about copyright and image usage, and I’m a photographer! It’s completely understandable to assume that paying for photos means you own them outright. But in reality, what you’re purchasing is a license—the right to use the images as outlined in the agreement. The copyright, however, always stays with the creator of the image.
But here’s the thing—if we, as photographers, struggle to explain copyright and licensing clearly, how can we expect our clients to understand it?
Let’s start with the basics: what is copyright?
Copyright (noun)
The exclusive legal right, given to an originator or assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.
In simpler terms, copyright is automatically granted to whoever creates the work. For a photographer, it happens the moment the shutter clicks. For an artist, it’s when their brush completes a painting. For a musician, it’s when the song comes together. Whoever holds the copyright has full control over how, where, and by whom the work is used—and yes, you don’t even need to officially register it to own your work (though registration makes legal action much easier in case of infringement).
Think of it like music. When you buy an album or subscribe to a streaming service, you get to enjoy the music for personal use—but you wouldn’t claim to have written the songs, right? Just because you paid for the album doesn’t mean you own the rights to use the songs however you want. If you wanted to use a track in a YouTube video, you’d need permission (or a license), but you could play it at your birthday party without any issue. See the difference?
For my business clients, their license allows them to use the images for business purposes—such as social media, websites, and advertising. They’re also welcome to print the photos for personal enjoyment or share them with family. However, they cannot give the images to another business to promote a different product or service. That’s where "third-party usage" comes in. If they wanted a third party to use the photos, I would create a separate agreement outlining the terms and licensing fees.
So why can’t a third party freely use the images?
Here’s the deal—you, as the client, put so much effort into getting these photos. You created a vision, hired a photographer, scouted locations, coordinated outfits, and invested your hard-earned money. Now imagine another business coming along and wanting to use the same images without going through all that effort. They could have hired their own photographer and planned their own shoot, but instead, they want to benefit from your investment. Licensing without third-party usage protects you, your business, and the work you put in.
Understanding copyright and licensing might seem overwhelming at first, but with the right approach, it’s easy to see how it benefits everyone involved!
I'm going to use the same example I did when I did an overview of copyright last year because this truly is the perfect example of image usage and licensing for a third party.
I was hired to take photos for Birdie Blue, an incredible Vermont based company that creates bags out of old and discarded ski and snowboard pants and jackets. In this photo, we have a shot of the sling bag and the organizer pouch. This is also a great shot of the rider's Smith helmet. If Smith were to contact me (or Birdie Blue) asking to use this image, a third party image agreement including a licensed based on how Smith wanted to use the image would be written up.
This is to help Birdie Blue's assets be kept safe her her business but not giving Smith, an arguable much large and international company, free use of the images that were carefully thought out, planned, and executed.
Now that we have an understanding on copyright vs. licensing, let's talk about pros and cons of both copyright and licensing:
Copyright: Imagine you're a composer, and your photo is a beautiful musical composition (we love the music analogies). Opting for a copyright buyout is akin to selling the entire sheet music – you're relinquishing your ownership and rights to the buyer. It's a one-time transaction that hands over the creative baton completely.
Pros of a Copyright Buyout:
Full Ownership: The client gains complete control, allowing them to use, modify, and distribute the image without restrictions.
Exclusive Use: The photographer cannot reuse or license the image to others, ensuring exclusivity for the client.
Cons of a Copyright Buyout:
Loss of Control: The photographer forfeits control over how the image is used or altered. They can no longer claim the images as their own and are unable to freely use the image.
Limited Revenue Streams: Since the photographer can't license the image again, potential future earnings are limited to the initial buyout. This is what creates the high ticket price of a full on copyright buyout.
Photo Licensing: Now, let's switch gears to photo licensing – a dynamic and collaborative approach. Imagine your photo is a versatile piece of music, and licensing is the melody that allows different players to join the ensemble while ensuring the composer retains control.
Pros of Photo Licensing:
Retained Ownership: The photographer maintains ownership of the image, granting specific rights to the client for a defined period and purpose. This keeps licensing at a lower price point for the client.
Flexibility: The photographer can license the image to multiple clients or reuse it after the license period expires.
Cons of Photo Licensing:
Limited Control for Clients: Clients might face restrictions on usage, modifications, or distribution, depending on the terms of the license.
Potential Competition: The photographer might license the same image to multiple clients, creating competition in certain contexts.
So now you hopefully have a pretty good grasp on the difference between copyright and licensing, and you will know how to talk to your photographer about it.
I always want to keep the conversation open and am of course willing to talk more about your licensing needs or to help you understand those needs. Here is how we responded to our client we mentioned earlier in this post:
"Dear XXXXX,
Thanks for your email! I'd love to clarify the copyright ownership of the photos you commissioned. When you hire a photographer, you're paying for their creative skills, time, and expertise—not just the photos themselves. By law, the photographer automatically owns the copyright, similar to how an author owns the rights to their book even if you buy a copy.
When you purchase photography services, you're essentially buying a license to use the images for specific purposes outlined in our agreement—like how a filmmaker licenses music for a movie. The good news? My agreements include usage rights for personal or business use within certain conditions. If a third party wants to use the images, they would need to purchase a license.
I also have an FAQ on my website with more details. Most clients find licensing fits their needs and budget better than purchasing full copyright, as it allows them to pay only for what they need—like website and social media use, rather than costly rights for things like magazine ads or billboards.
Let me know if you have any questions or if you'd like to discuss additional usage options. I'm happy to help!
Choosing Your Path: Factors to Consider
Consider how and where the image will be used. If exclusivity is crucial, a copyright buyout might be preferred. Just be prepared to shell out the cost for these assets.
What are you Long-Term Goals? Evaluate your long-term objectives. If you foresee reusing or licensing the image to multiple clients, retaining ownership through licensing could be more beneficial.
We will always be willing to discuss licensing with you as we know that communication is key. We will discuss expectations, usage requirements, and the client's long-term needs to find a solution that aligns with both parties.
Whether you choose the grandeur of a copyright buyout or the harmonious collaboration of photo licensing, both options have their merits. It's all about understanding the needs of your creative journey and finding the perfect cadence that resonates with your vision and your clients' expectations. So, go forth, compose your visual symphony, and let the magic of image rights unfold!
XO,
Barbee
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