PHOTOGRAPHY COPYRIGHT LAWS + LICENSING YOUR PHOTOS FOR COMMERCIAL, ADVERTISING + THIRD PARTY USE
/So HOW can I use images legally?
For their intended/ implied use ONLY that’s agreed upon in writing. For example, a family portrait can not be placed on a billboard for advertisement.
TYPES OF USAGE LICENSING:
Private/ Personal - for personal/ private use i.e. family or senior pictures intended to print for your home, make memories, or posting on social media
EXAMPLE: A Senior comes to get senior portraits from LSP with a "Private-Use” license, which is reflected in a more affordable price range. The license allows them to post the images to social media, print them for family/ friends, make a personal memory album, etc. WHAT IF, a year later, the Senior decides she wants to launch a makeup brand and pays a magazine to have the image of her in an ad to generate more business? That’s a violation of the rights/ license. The artwork was sold at a price that reflected ‘‘private” usage, not at a commercial or advertisement rate - used to generate income. The artwork immediately becomes more valuable if it’s used to generate income for any business venture. And the level of viewers, duration of time, and intended usage change the price the art is worth.
Commercial - for corporate websites, marketing materials (business cards/ brochures), social media posting, internal publications
EXAMPLE: An attorney needs a headshot for business use and agrees to the limited terms of use including posting it on linked in, putting it on a brochure, and his website. WHAT IF, a year later, the attorney decides to expand the business and run a billboard-ad using the headshot. They post it on a billboard and the image becomes famous and generates the attorney a lot of money - but the license never included advertisement rights. Legally they can’t use it for the ad - without paying a monthly advertisement license. The popular photo of “Misney Makes Them Pay” is a great billboard example of this in Cleveland, Ohio - where the image became so famous, they simply cropped into his eyes only on their newer billboard ads with NO WRITING at all - and people knew what the ad was and what he did. In this case - the image is worth A LOT OF MONEY. And the artist is owed a monthly license for this! Commercial licensing is different for different business needs - and the price reflects this accordingly.
Advertisement - to generate a company income using images through promotional paid-ad materials, including billboards, television commercials, and online ad campaigns, etc.
EXAMPLE: A company hires a studio to shoot an ad campaign. The photographer produces 100 images from the shoot and the company choses 3 to go onto advertisements for social media boosted ads. They now owe the artist a monthly ad fee for each image, but not all 100 delivered, because they only used 3 of the images. The price varies depending on how much reach, how many viewers are expected to see it, etc. A billboard would be a much higher license fee than a grocery cart printed ad. WHAT IF, in couple years they run a similar ad but this time in a magazine with the same 3 images? They’d have to pay to use them again and at a different rate - as DURATION and VIEWERS is a huge part of advertisement licensing! The more money it can potentially generate and the more exposure the more the art is worth.
INDENTED USE It’s important to communicate your intended use fully to the photographer before you book a session or you may end up owing fees for usage you weren’t aware of. For example, if you just need a headshot for social media, a business card and your website, that is VERY different than if you plan on using the headshot on a billboard, or shopping cart advertisement, and if you read the fine print - you’ll probably realize those rights aren’t included in the average commercial license.
SOCIAL MEDIA USAGE?
We do require some contracts tag us @Liza_Sue_Productions on social media, but not every contract requires this. You can certainly ask to buy a license that doesn’t require that - if you’d rather not credit the artist/ photographer. But it is absolutely appreciate by all artists to receive credit for their work!
CAN I PUT A FILTER ON AN IMAGE? We can tell you that most photographers are embarassed when they see posts of their images filtered and then tag the photographer. We recommend that you say you filtered/ edited/ altered the image if you chose to, but it is a violation of copyright. A highly skilled photographer has taken years and invested a lot into ligting, color & editing skills to provide art that they love the final look off. It’s important to look over a photographers portfolio, before hiring them, to ensure you too love their style.
WHO owns it / WHO get’s to use it?
WHO OWNS THE VIDEO/ PHOTOS (Artwork)? Legally, the photographer/ artist actually does! The photographer/ artist then licenses the “rights” to use the art to the client - you. There are many different types of licensing & rights to use the art (MORE ABOVE) - personal/ private (like for family photos), commercial (for business), advertisement (for generating money for a business), implied (obvious usage that’s communicated/ agreed upon in writing).
WHO CAN USE THE ART? Only the client who hired the artist can use it. Just like you legally can’t take someone’s drawing, photo copy it and sell/ give it to others - you can’t sell/ give out the photographers photo (artwork) to other third parties. Including a magazine (AKA third party) who wants to publish an article of you! Most magazines are professional enough to know that they legally need permission/ credit for such usage - but we’ve personally had our artwork stolen off websites and published on the cover of a magazine!
TERMS: EXCLUSIVE, NON-EXCLUSIVE MEAN, SOLE, THIRD-PARTY
Exclusive only the one client (and the photographer too) can use the images, but they can’t for example be sold to a competitor (costs more)
Non-exlcusive while the client may have rights to the image, the photographer can also sell the images to other people (typical in most cases)
Sole the photographer gives up their rights (for a defined period of time) so only 1 person (the client) owns the rights (costs the most)
Third Party - EXAMPLE: A Realtor hires a photographer to take pictures of a home listing and then Joe the Painter says to the Realtor (Joe painted the interiors of the home) “Hey I’d love the photo of the kitchen - can I have the image to advertise my painting business?” That would be a “third-party”. The Realtor only has rights to use the photos to sell the listing, NOT to give to a third party to use to advertise their business. THAT WOULD BE A LICENSING VIOLATION. However - the third party can contact LSP to buy a Commercial or Advertisement license to use the image in most cases.
DURATION
HOW LONG CAN IMAGES BE USED? Most licenses expire - especially advertisement licensing. It is typically a 1 month license for ad usage/ PER IMAGE. However, some companies chose to buy “lifetime” licensing - which costs extra, so the artist is properly compensated. A lot of commercial images are only licensed for a certain term as well - it’s important to communicate the duration you want to license your photos for.
FOR MY FELLOW PHOTOGRAPHERS -
Understanding Copyright for Photographers: Private, Commercial, and Advertising Licensing
As a photographer, one of the most critical aspects of your work is understanding and protecting your intellectual property through copyright. Copyright law defines how your photographs can be used, and it differentiates between various types of usage, such as private, commercial, and advertising licensing. In this post, we will explore these different types of copyright for photos and provide insights into how they affect your work.
Private Usage
Private usage of photographs typically refers to personal or non-commercial use. This is when someone wants to use your photo for their own enjoyment, memories, or sharing within a small circle, such as family and friends. Common examples of private usage include:
Displaying photos in your home
Sharing images on social media (for non-commercial purposes)
Using photos in personal blogs or newsletters
Photographers often grant permission for private usage through a more permissive licensing agreement or sometimes without formal licensing, as long as the use remains non-commercial and doesn't infringe on their rights. It's important to outline the terms of private usage clearly when you share your work with others.
Commercial Usage
Commercial usage involves the use of your photographs for profit or in a business context. This can range from small businesses using images on their websites to multinational corporations using them in advertising campaigns (which should be additional fees/ licensing - more below). Here are some common examples of commercial usage:
Headshots
Corporate websites
In-house marketing materials (brochures, flyers, etc.)
Social Media content
When your photographs are used commercially, it's crucial to establish licensing agreements that define the scope, duration, and compensation for their use. Licensing fees can vary widely depending on factors like the image's quality, intended audience, and exclusivity.
Advertising Licensing
Advertising licensing is a specific subset of commercial usage and usually comes with a higher fee due to the potentially extensive reach and exposure involved in advertising campaigns. Advertising licensing grants permission for your photos to be used in promotional materials, including billboards, direct mail pieces,television commercials, and online ad campaigns. Key considerations for advertising licensing (AND third-party usage) include:
WHO -Where will they be published?
WHAT KIND - Is it TV, print (magazine/ newspaper) and/or digital?
QUANTITY - How many images will be used?
DURATION - For how long will they be used?
GEOGRAPHICAL REACH - local, national, international?
REACH -What is the estimated reach (approximately how many people will see the release)?
FURTHER EDITING/ FORMATTING - Will you need them formatted or edited?
INDUSTRY or NICHE - Going rates for different industries like fashion, food, automotive, Realtors, etc.
Photographers often work closely with advertising agencies or directly with brands to negotiate the terms of advertising licensing agreements. These agreements should be highly detailed to ensure that both parties understand their rights and obligations.
Protecting Your Copyright
Regardless of the type of usage, it's essential to protect your copyright as a photographer. Here are some general tips:
Register Your Copyright: Registering your copyright with the appropriate government agency provides legal evidence of your ownership and can make it easier to enforce your rights. HOWEVER, you do not have to register it to still be protected. https://www.copyright.gov
Use Watermarks: Watermarking your images with your name or logo can act as a deterrent against unauthorized use.
Create Clear Licensing Agreements: When permitting others to use your photos, always have a written agreement prior to the shoot day that specifies the terms and conditions, including usage rights, duration, and compensation. And insure they agree to the terms before you show up to take pictures/ video!
Monitor Usage: Regularly search for instances of unauthorized use of your photos online and take action to protect your rights. We’ve actually found our images stolen of a website and used on magazine cover, which is a federal crime punishable up to 6 years in prison (for knowingly stealing the images) - to which the publisher confessed to stealing in writing!
Understanding the different types of copyright for photos—private, commercial, and advertising licensing—is crucial for photographers who want to protect their creative work and ensure fair compensation for its use. By clearly defining the terms of usage and staying informed about copyright laws, you can navigate the complex world of photography licensing with confidence and continue to share your vision with the world.
HOW LONG DOES A PHOTOGRAPHER OWN THE RIGHTS TO THEIR IMAGES?
Life of the Photographer Plus 70 Years: In many countries, including the United States, the copyright for a photograph typically lasts for the life of the photographer plus an additional 70 years after their death. During this period, the rights to the photograph are protected, and others need permission to use it.