UNDERSTANDING COPYRIGHT

When a client purchases professional photographs, they typically gain certain rights to use those photos, but it is essential to understand what those rights entail. Here is a simplified explanation:

1. Usage Rights:

When you purchase professional photographs, you're essentially buying the right to use them in specific way outlined in your agreement with the photographer. These rights can vary based on factors like the type of usage (e.g., personal, commercial, publication), the duration of use and the geographic scope.

2. Usage Restrictions:

While you have certain rights to use the photographs, there are usually restrictions on how you can use them. For example, you might be allowed to use them for marketing materials like brochures or websites, but not for resale or distribution to third parties without additional permission.

3. Exclusive vs. non-exclusive rights:

Depending on your agreement with the photographer, you might have either exclusive or non-exclusive rights to use the photographs. Exclusive rights mean that the photographer won't sell the same photos to anyone else during the agreed upon period. Non-exclusive rights mean that the photographer can sell the same photos to other clients.

4. Attribution and Copyright Notice:

Even though you have purchased the rights to use the photographs, the photographer still holds the copyright to them. This means that you should include a copyright notice or credit the photographer whenever you use the photos, even if it is not legally required.

5. Modifications and Derivative Works:

In most cases, you are allowed to make modifications to the photographs to suit your needs, such as resizing or cropping them. However, creating derivative works (new works based on the original photography) may require additional permission from the photographer depending on the agreement.

6. Transferability of Rights:

It is essential to clarify whether the usage rights you've purchased are transferable. This means whether you can sublicense or transfer the rights to another party Some agreements may allow this while others may restrict it.

7. Exclusivity and Competition:

If you require exclusivity for the photography, such as preventing your competitors from using the same images, you will need to negotiate this with the photographer and potentially pay a higher fee for exclusive rights.

Overall, when purchasing professional photographs, it is crucial to have a clear understanding of the rights you are acquiring and any limitations or restrictions associated with their use. This ensures that you can use the photographs effectively while respecting the photographer's rights and creative ownership.