Once upon a time, he who held the negative owned the image but technological changes in photography from film to digital output have blurred the once clear lines of image ownership. With the ease of digital image reproduction and sharing, misconceptions of “who owns that image?” have become all too common.
We have a compiled a list of answers covering commonly misunderstood copyright questions. Want to test your knowledge? Read on…
What is included in a photographer’s copyright?
Simply stated, copyright for photographers means owning property, which includes exclusive rights as to how a photograph may be reproduced. These rights include:
- Reproducing the images
- Preparing derivative works based on the image
- Image distribution
- Displaying the images
I paid my photographer. Don’t I own the photographs?
What you paid for was the photographer’s time, talent, skill, equipment, and creative vision to produce images. You paid for a custom service rather than a physical product.
Once the photographer presses the camera button releasing the shutter, he owns all image rights. You can purchase or obtain usage rights as determined by the photographer’s business practices and spelled out in your contract but the photographer retains the copyright.
How long does a copyright last?
Image copyright begins the moment a photograph is created and lasts the lifetime of the photographer plus 70 years.
Can I scan prints from my photographer?
The photographer’s copyright includes how images may be reproduced and that includes scanning. If you scan a print, you are saying that you own the image rights which is incorrect.
Can I create photo books from images the photographer shared on Facebook, Instagram, or other social media sites?
When a photographer uploads your images to social media sites and tags you, the only rights granted are sharing on that site. Printing those images is a copyright infringement and most printing services will ask if you own the rights to reproduce the images. Saying yes to printing is a no-no.
Can I have the digital images to fix them the way I want with different filters and stuff?
Actually, no. The images are considered an artistic creation and anything that changes the photographer’s final image is a copyright violation.
If the image has a logo or signature watermark, can I remove it?
The watermark is considered part of the image. Cropping or removing the watermark by any method is a violation. Changing an image means you are representing that you own the image with rights to do whatever you want.
Can the photographer sell images taken of me during a photo session?
Not without your written consent. Copyrights and rights of privacy are different. Selling your images to a third party constitutes “commercial” use, benefitting the photographer.
Can I sell images of me taken by a professional photographer?
Not without the photographer’s written consent. Rights granted to the photographer include controlling reproduction, display, and distribution of their work, including the right to receive payment from sales to any third party.
Can I do a screen shot of my images on the photographer’s website and post on social media?
Nope. The photographer’s rights include both physical and digital image distribution. If you want images to share on social media, ask your photographer and they will most likely accommodate you.
My photographer posted my images on Facebook. Can I share them?
Sure! Sharing is great….as long as you do not alter the image. Even Facebook doesn’t allow you to download an image, alter it, and re-upload it. Altering is a violation.
You may “use” the uploaded image to share with friends via the internet but this does not include altering or reproducing the image.
Conclusion
Copyright issues are serious, so much so that there is a bill currently before Congress to assist photographers with infringement problems caused by technology outpacing the laws (with stiff penalties) already in place.
Professional photographers, like all artists, produce works that show off their talent and creative vision. While it may be innocent or unintentional, images altered or printed by others do not represent the photographer’s best work thus reducing their reputation and credibility. Images scanned, printed, and sold without compensation to the owner harm small businesses. A professional photographer’s love of photography is more than a hobby……it is their livelihood.
* * * * * * * * * * * * * * * * * * *
Our Tom Simpson Photography Guarantee
If we have had the privilege of photographing your family reunion, portrait, wedding or other event, rest assured, we will never ever use your images without your permission via a signed release. We will ONLY use your images in our brochures, promotional videos, etc…for marketing our photography business, not for resale as stock photography or other commercial use.
If we did want to use one of your images for commercial use, we would always get a signed release from you that would allow us to use the images in such a manner.
