In our digital world, photography is constantly being taken, shared, downloaded, and reposted. For many, there often isn’t even a second thought about resharing content, but when it comes to using photographs to sell goods and services, this practice can leave you in a position of conflict! We always make sure our clients are informed, knowing the details when it comes to the photos we make with you. It is essential for you to learn about photo licensing and your rights when it comes to using photos to avoid any potential legal trouble.

Photography Copyright and Licensing. Yes, All Photos Have It

From the moment anybody triggers the shutter to create a photo, it becomes the creator's property for a lifetime under copyright. These laws give creators the right to the intellectual property of their work whether it is published or unpublished. This way, all creators will remain in control of their photographs. Copyright prevents the use of an artist's photography from being used without permission. Photography licensing grants the licensee permission to use the photographs and also outlines the proper usage of these images. This is why you cannot pull just any image off of the internet to use for your website or advertising campaign. 

Because of a photographer’s ownership over their work, we license our photographs for clients to use. A good way to think about this is that while our studio owns the photos, you have the right to use them as determined in our licensing agreement.

What Does Photo Licensing Mean for Your Shoot?

Photo licensing ensures that the photographs made on your shoot remain exclusive to you and your brand. Without photo licensing, photographers can sell the photos from your shoot over and over again, even to your competition. Even if we’re not the photographers you choose, you should know that these agreements are essential to your brand to ensure your photos do not end up being sold as stock photography, outside of your input or control. Without this agreement your special photos could end up quickly losing the value they hold in the digital space, or worse, make value for your competitors.

Scope and Duration of Photo Licensing Agreements

Your licensing agreement will specify the period of time in which you have exclusive use of the photographs. This length of time is generally between 3-5 years, but it can vary depending on your needs. By the end of your license, it is usually time to plan another shoot to update your marketing assets anyway, since people’s looks change and so do your products. This will help keep your photo assets, collateral pieces and website fresh and current. Stale photographs stop being interesting and just become background, which is bad for marketing and bad for the brand.

Licensing also outlines the scope in which the photographs are used. The greater the scope, the higher the rate. For example, a photograph used as a website header for a local company will cost a lot less than a photograph that will be used across an entire marketing campaign for a national brand.

When needed, you can also sign an agreement with your photographer to release ownership of the photograph to you, so you will own the copyright to the photograph. This would mean you are completely cleared from any limitation of use and own the photograph, forever. When deciding on licensing agreements it is important to remember that they are flexible and negotiable. We outline the different options for all of our clients. It’s important to have the agreement that’s right for you.

Understanding Your Licensing Rights

When it comes to licensing commercial photography, there is a lot to know, and it is important to understand your rights. Most of the time, copyright infringement is a result of ignorance. Despite that, it doesn’t clear your company from legal trouble. 

Have more questions about licensing photography? Feel free to reach out to us today and we can help answer any questions or uncertainties you may have.

Here are a few common questions.

Can I use Google Photos for my Business?

In short, no you cannot use photos you find in Google or an image search for your business. These infringe on the copyrights of those photos and could land you in trouble.

We suggest you use those photos as inspiration, as a mood board for your photo shoot. Use them to lay a visual groundwork for the photographs you want made.

Can I use Stock Photos for my Business

You can use stock, but stock photos will impact your SEO. Using your own photos builds your brand, sets you apart from those who are using stock, and makes sure your brand is YOUR Brand. 

How much does a Photo License cost?

The price of a photo license varies depending on the scope, duration, and amount of photographs you are licensing. Once we establish a licensing agreement, it is rare that we will need to change your license for future shoots.