Many times photography clients wonder why they don’t own the images that they pay a luxury real estate photographer to take for them. Photographers, writers, musicians, and other professional artists retain ownership of the work they produce and then license their creation to others for use. In this manner, the artist can spread the cost of his work among several clients, lowering costs and providing clients with increased options.
Photographers often take dozens, if not hundreds, of shots to capture that one perfect image. Often the final product is edited to create a better quality image that flawlessly serves its purpose. There are several legitimate reasons for photographers to retain ownership of their work and extend licensing use to clients.
Copyright Law and Images
A copyright is a legal instrument that grants rights to the creator or originator of a literary, artistic, musical, or other creative production. Copyright laws ensure that the creator of a piece of work has ownership rights, with the sole and exclusive privilege to sell, or publish their work. These guarantees extend to reproductions of the original work and guarantee the originator the right to receive payment for copies and to award or sell rights to others.
The copyright protects the financial interests of the professional, promoting creativity and improving branding in the artistic and commercial fields. Initially, copyrights were valid for a set number of years and then renewable, but effective January 1, 1978 copyrights last for 70 years.
The Federal Copyright Act of 1976 provides copyright protection for photographs from the moment of creation. Like other creative works, photography copyrights give photographers the sole right to make reproductions of their work, base other work on a copyrighted photograph, and sell, distribute copies, or display the work publicly. These protections allow photographers to transfer or sell the copyright and license usage rights, in whole or in part, to publications, other photographers, or any other interested legal entity. Copyright protection ensures that photographers can safely present their work in a gallery or virtually, without the threat of someone copying their original idea.
What is Licensing?
An image usage license is a contract in which a photographer grants specific rights to a client who wants to use a picture. The arrangement will usually require you to pay a fee to the copyright holder or licensing agent, and use of the image must remain within the scope of the agreement. A licensing agreement protects the photographer and the client by clearly outlining the terms and conditions associated with the use of the image, protecting from any possible copyright infringement.
The majority of professional photographers who license commercial photos are doing so with original work and will negotiate a usage license designed to fit your specific needs. The license is a grant allowing you to use the images for the agreed upon scope and usage so it is critical to understand what you can and can’t do with the photos, as well as transactional details such as when payment is due and what form is preferred.
Generally, images are for the use of the client only, and any distribution to a third party would require a separate license. Communicating your needs with your photography team will ensure that you get the images and have the rights to use them for your requirements.
Why Photographers Don’t Give Their Photos Out to Anyone
Commercial photographers are no different than any other professional artist. They spend years of time and effort developing their talent, continually studying and learning new skills, techniques, and technologies to provide the best-finished product possible. In addition to time, professional photographers make a substantial investment in equipment and software which, along with their expertise, allows them to create the “perfect” image.
When there is a doubt about whether you have the right to use an image, contact the copyright holder and check. They will ask how you will be using the image and, if permitted, will establish guidelines for use. This protects you from inadvertently committing copyright infringement and also protects the photographer, whose work is his brand and reputation.
To learn more about this or our residential real estate photography services contact us today.