Photographic Copyright
Knowing the legal position on how and when images can be used is essential for both professional photographers and their clients.
The copyright in a photograph belongs to the person who took it - Copyright Designs & Patents Act 1988 - the only exception being employed photographers, where it is his or her employer who owns the copyright unless they have a contractual agreement to the contrary.
In practice, this means that clients may only use photographs taken by a professional photographer in ways that have been agreed at the time they were commissioned. If further uses are required at a later date, permission must be sought from the copyright holder and an additional fee agreed.
Copyright lasts for 70 years after the end of the year in which the author dies and offers protection against unauthorised reproduction of the photographs and entitles the owner to economic benefit from it.
For this reason, it is essential that clients specify the uses to which images will be used - preferably in writing - when briefing the photographer and requesting a quotation. This agreement then forms part of the contract. The contract should cover how the work will be used, where (geographically) it will be used and for how long it will be used.
Copyright can be assigned to another person or company, but only if the photographer agrees. Assignment of copyright should normally be in writing, although an oral agreement could also be considered binding. With simple images that are unlikely to have no wider commercial value, such as a pack-shot of a recognisable product, some photographers will be happy to assign copyright to their client. However, where the picture is more creative, or has further economic potential, for example, as a library stock shot, it is essential that copyright remains with the photographer.
A 'Win-Win' solution would be for the client to be granted exclusive rights for an agreed period of time. Assigning only those rights required by the client may allow the photographer to offer a more competitive day rate or shot rate than if all imaginable usage rights were granted.
It should be noted that while the client who commissioned the work may hold onto it, the photographer, being the copyright owner, has a clear right of access to the material. Once the licensed period has expired, the photographer has the right to have the originals returned in good condition.
At the end of the day, it is in the interests of all parties to know what is being agreed, hence the importance of a written contract.
Find out more about copyright
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