Before we start (aka my Disclaimer)... I'm a photographer, not a writer. I tell stories through photos, not words. So I hope I make sense of this very confusing topic. I’ve been asked a few times lately to try and explain…
Need to give the media or another company photographs? Want to use someone else's photo?
Keep yourself out of trouble and always ask...
Where did it come from?
Do you have the rights to use this?
Do I have the rights to give this to a third company/someone outside of my business?
It all comes down to Copyright and what Licence and Usage Rights you have.
So what is Copyright? Apart from being a fancy circled C.
Basically, it's the ownership of the photograph or other artistic work.
Who owns it?
On a commercial shoot, the photographer does. Except photographs taken for State, Federal and Territory governments and agencies (but not local councils).
What am I paying for when I hire a photographer then?
You are paying for usage rights of the photographs created for the purpose stated in the contract.
What sort of usage rights are there?
Many. From periods, web, specific campaign, pamphlet, in-house newsletter, social media.... (I’ve included my standard one at the bottom of this page)
What can I use my photos for?
This varies, and it will be stated in your contract. Some photographers permit usage for specific purposes within the fee; others will give full usage to use photographs for different purposes within the business.
I said I need them for my website but now want to run a campaign with them. What do I do? Check your terms and conditions. Contact your photographer. If it's not included in the original fee, negotiate an extra use fee.
Can I edit my photos? Normally, no. A photographer will charge you for their final photographs which are already retouched to their standard. You have paid to use the photograph that they createdChat with your photographer if you need to change anything.
Can I give them to the models or someone else to use? Check your terms and conditions/contract. This would incur an extra fee.
Often, things are created for a specific purpose and usage rights are sold to you for that purpose only. Creative products like videos and photos are not sold like a physical product; they are sold for a purpose. The value is on the purpose.
So, as you can see, it's very important to give as much detail to your photographer BEFORE the quoting process, as there are a lot of variables. It's also good to be aware of if you are comparing quotes - see what is included.
This Australian Institute of Professional Photography link shares more techy info...
http://procommercialphotography.aipp.com.au/Articles/copyright-moral-rights-and-usage
The number one takeaway is read the contract and terms and conditions. Understand what you can do with the photograph. Ask your photographer to clarify. Every photographer works differently, so it's important to check.
What do I normally include in my commercial shoots?
A licence for my client to use the image for all purposes, for as long as the wish, to promote their business only. They are not permitted to allow third parties to use the image for third party advertising.
An example. My client is a winery. I photograph a group of people having a gorgeous picnic at the winery. We source a platter from the local caterer for people to 'nibble' on in the photo. My client is the winery. The local caterer is not. If the caterer would like to use the photo, they must contact me.