If there is one thing I wish I knew in the beginning of my photography career, it would be image licensing. Let me explain.
When I was starting out, like many young photographers, I had no idea of what I was selling. In my mind it was simple – I take the photos for a client, get paid, and move on. What happened with the images after delivery was none of my business. And I couldn’t be more wrong.
Since then, I had a chance to meet and lean from some amazing photographers all over the world, who were open to pass on the knowledge of the best legal practices in our field. I learned what it means to be the Author of the image, about licensing the images for specific use, etc. But most importantly I understood the simple concept: the images I create are not a product (which you can sell and forget), but they are intellectual property. Nowadays this concept lays at the foundation of my work and I believe it´s crucial to inform our clients on this topic before entering any project.
But it´s not always simple. What became the norm for most reputable firms, in some cases can be taken as personal offense. Let me tell you a story that happened recently (names are omitted for confidentiality purposes).
An old time client asks me to photograph his new building in Porto. I send my quotation for the job (with Usage Rights only for the architect), get the approval and we go ahead with the shooting. After delivering the final images to the architect I get an email from the developer, demanding that I send them the images of their building. I try to explain that the images were intended for use only by the architect and any additional usage license should be paid separately. The developer goes into defensive mode, saying that they agreed with the architect that after the shooting they will also get the images. And on top of that, they argue, my job was already paid by the architect, so how dare I charge twice for the same images? In their view I was morally obligated to hand them my reportage.
The truth is these situations are pretty common. I can´t blame the developer, most people don’t have an obligation to know the Copyright law. It´s our job as photographers to be the experts on this matter. After this conversation I met with the architect and explained that he should have informed me beforehand if there is another party interested in these images. The original quotation did not include the developer, so in this case the extra usage license has to be paid post-factum. All these details are written in my contact, but who reads the contracts right 🙂
To finalize I will leave below a few tips that will help you, dear client, be well prepared for your next photography hire.
- What information should you provide the photographer when asking for a quotation?
In your first email, put the following information: who will be using the images (ex. Architect John Smith + Construction company ABC + Lighting manufacturer XYZ) and where (website, print materials, etc) - The shooting is done. Who owns the images?
Even after the shooting the images have a single owner – the photographer. The photographer is the sole holder of the Copyright and is the only person who can authorize the use of his images (except for the rare cases of the Copyright Transfer). - If you don’t own the images, what are you paying for?
You are paying for the RIGHTS to use the images, owned by the photographer (also known as License). Open your photographers’ contract / proposal and search for Usage Rights. This is arguably the most important part of the contract that you should be aware of – it includes who can use the images, in which media and for what period of time. - What to do if another company contacted you asking to share the images with them?
Speak with your photographer. They will inform you of their pricing for the extra license. If you don´t want the hassle of being the middleman, simply forward the request to your photographer.
Good luck!
