Copyright Policy

June 14, 2024  •  Leave a Comment

copyright law in photography

For almost every shoot I have done over the years, copyright has been an issue.

Technically copyright resides with the author or creator, in this case the photographer. For as long as photography has been a profession, the photographer has been able to use this right to profit from resales. I will admit to making a proportion of my income this way.

But we are now in the age of the Wild West where copyright is concerned. Even with image search software, it’s difficult to catch up with who is using our images, and whether this has been agreed, let alone paid for.

And of course, from the customer’s point of view, it can be expensive to hire a proper professional photographer, but this load can be lightened by sharing the cost. Inevitably, this becomes an issue in price negotiations. There have been occasions when not assigning copyright became a deal-breaker.

Also, whilst on a shoot, I often get asked by the building owner or contractor if I could let them have copies of the images, and sometimes this even becomes a condition for access to the premises.

And when the shoot involves specific building products, for example, there will be the matter of the maker or supplier of these products not wanting the images to be misused, e.g. to promote rivals.

So I tried to look at this problem from the angle of all parties concerned. Inevitably, any solution would have to be a compromise of some description. My view now is that the best way to do this would be to license specific parties to use the images, within the cost of the shoot. So, for example, if you’re an architect, you might want to include the contractor and interior designer in the licence. This should, to some degree, protect the interests of all parties.

There are photographers who might argue that I’m letting people have effectively free photos, and that this undermines the value of the profession. But in reality, it’s more a case of enlightened self-interest – it’s easier to maintain working relationships in the long term if the client has a clear understanding of what’s on offer, with no sting in the tail.

 


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