Photographic Copyrights

Copyrights are a disputed topic because people fail to see creativity as a unique and valuable product. There are many ways to sell your images and pricing is directly related to the usage rights you give to a client.

Let me give you an example of usage rights versus giving up your rights.

I have a friend who had a full time job in a company as a graphic designer, but was also a skilled photographer. He had an agreement with the employer to take some product photography for the company. The company was invoiced independently from the full-time position and on the invoice listed the usage rights. When the employer requested the originals, my friend responded with "you don't own them". Well, this didn't go over very well and he ended up losing his job because of it. When legally pursued by the former employer, it was discovered that, indeed, the photographer had all the legal rights to all the images.
However, the die had been cast. He lost his job.

This story should tell you something. You should always negotiate your legal rights before you take any photographs.

Who owns the photographs you've taken? You!

Having ownership or copyrights enables you to decide the usage you will allow your client. You will be protected by a court of law in case of any infringement. Attach a copyright notice to any and all of your images. This is not necessary, but do it anyway. It will inform your client or potential client that you have ownership and are aware of the law. A c with a circle around it (©), the date and your name should be attached to each photograph. It should look like this © 2000 (your name).

Unless you are hired on a "work for hire" basis, you own the images. Make sure to discuss your rights and the client's rights before shooting any images for them. We highly suggest you seek the independent and individual advice of an attorney before entering into any agreement. Photo Tips and Tricks does not take any responsibility for legal problems that may occur between you and your clients.

Also see Legal Forms for for model release and the like.