What is a Copyright and Why Should You Care

Photography Rights 101: Working With Photographers

In my post last week about regramming on Instagram, I mentioned copyright infringement as one of the reasons why it might not be the best idea to regram willy-nilly. I loved the feedback that followed on Instagram and in case you wanted to hear from other creatives about their thoughts on this trend, I recommend you read the comments on this post. Moving forward I thought this would also be a great opportunity to breakdown copyright and shared usage rights in terms of your photography needs as a creative/small business owner.  If you are considering hiring a professional photographer at any point in the near or far future I think it is important that you understand what these two terms mean because surprisingly, not many people do.

WHAT IS A COPYRIGHT AND WHY SHOULD I CARE? 

So a copyright is the exclusive rights given to the creator of a photograph–the photographer. Photographs are considered intellectual property and once the shutter button is pressed, photographers own the rights to that image in the United States. I know this might surprise quiet a few people so it’s important to remember that professional photographers rely on the images they create as their livelihood — it’s what pays their bills and support their families. Hiring a photographer doesn’t mean that the ownership of those photos automatically transfers to you (if it did you’d be paying a lot more for your images).  This is usually a contract relationship where the photographer is not a part of your staff. If however, the photographer was a member of your staff, using your equipment and company time, then you –the employer– can be legally considered the creator of the image.

This is important for you to know because when you are looking for a photographer to shoot images for your brand or business, you know how important it is to discuss usage rights to those images.  I personally am totally all for my clients using the images I create to market their business whether it’s on their website, social media, blog or print. It’s also important because you now understand the value of photographs created for specific brands or people on social media and what it means if you use it without permission. According to the Digital Millennium Copyright Act (DMCA) that was passed in 1998, while internet service providers (hello Instagram) aren’t liable, they must however remove it.

WAIT, SO YOU MEAN I DON’T OWN EXCLUSIVE RIGHTS TO THE IMAGES THAT I PAID FOR? THEN WHAT AM I PAYING FOR? 

Good question! First off, you’re paying for a service not the copyright of the images. Don’t forget that photography is a service based profession, where you’re exchanging monetary value for a specific set of skills that entails the use of someone’s talent, time and creativity. Odds are (I’m hoping) you have discussed what your needs are with your photographer and you’ve worked together to create an agreement that gives you permission to use the images for their intended purpose (blog, social media marketing, etc). This is why a contract is key and if you’re working with a photographer that doesn’t use one…it might be time to get a new photographer or request that one be drafted if you are bent on working with that person.

SO YOU’RE SAYING I DON’T NEED TO HAVE COMPLETE OWNERSHIP OVER THE IMAGES IN ORDER TO BE ABLE TO USE THEM FOR MY BUSINESS? BLOG? SOCIAL MEDIA? 

Yes, that’s exactly what I’m saying.

OKAY, BUT I STILL WANT EXCLUSIVE RIGHTS TO THE IMAGES. WHAT DO I DO?

I understand that some people simply don’t like the idea that they don’t have complete ownership over the images. If this happens to be you, then I suggest you bring this to the table when you’re looking for a photographer and ask them how much it will cost to sell you the copyright to the images. If it’s a photographer that takes their work seriously, odds are you’ll have to drop a good amount of money because they would be giving up ALL of the rights to something they created. Designers and other creatives protect their work in the same way.

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