You had a photoshoot, now who owns what photo rights?

In building an online brand having amazing photos is critical. However, regardless of if your the photographer or the model for the day, it’s imperative to understand what rights you are receiving and or giving.   

First and foremost, before you can request/give certain rights, you need to understand what rights accompany each photo. Each photo comes with the copyright to:

(1) to reproduce the photograph;

(2) to prepare derivative works based upon the photograph;

(3) to distribute copies of the photograph to the public by sale or other transfer of ownership, or by rental, lease, or lending;

(4) to display the photograph publicly;

See it’s a lot more to it than just point, shoot and post!

You have to understand that absent an agreement, the creator of a photo (the photographer) owns All for copyrights to each photo regardless of is you commissioned (paid) for the shoot, unless the photographer is an employee of yours.

To avoid disputes over copyright ownership photographers and models alike need to enter into a written agreement.

In Creation Records Limited v News Group Newspapers, Lloyd J, a lawsuit on the use of photo and copyright infringement explained that while there may be an implied use at the time the photos were taken, absent an agreement any use outside of that will result in copyright infringement.

One more quick note: Just because you don’t have an agreement doesn’t mean that the photographer can now do whatever they want with your photo’s if you are the subject in the pictures. When someone is using your photos and is using them for advertising or promotional use this constitutes commercial exploitation absent an agreement. So you do have some personal protection if you haven’t consent to that type of use.

SO basically PUT IT IN WRITING!

Now that I’ve convinced you that you need a written agreement, make sure your agreement outlines the following things:

-       Basic Company information (name & contact information);

-       Who will retain copyright ownership;

-       Payment description (when is deposit due, when is remainder due);

-       What are the deliverables (digital proofs, jump drive, or prints)  & turnaround time frame.

This should provide you with a great starting point to ensuring that your protecting your rights and getting what you paid for.

If you’re looking for amazing contracts as a photographer checkout my legal tool kit for Photographers and if you are commissioning photo’s I have a downloadable  photography agreement!