Photography Licensing & Copyright: Part Two

In my first installment about Licensing, I wrote about how I price my services and license my work. Though this next article is shorter in length, I will go into a bit of detail that supports the practice of licensing my work and the foundation behind being a career independent photographer.

So, we all have a general sense of what copyright is. The topic is frequently in the news, and anyone who is an independent photographer is well aware of how important copyright protections are.

In short, if I make the photograph, I own the photograph.

In this last installment, Part Two of my Licensing & Copyright insights, I’ll explain what that means in a bit more than general terms.

Copyright 101

There are instances when, if I create a photograph, it’s possible I do not own the work. Here are a couple of examples:

If my clients would like exclusive ownership of my photography to use, distribute, and sell as their own, then we can discuss a transfer of copyright (know this is a very costly transaction). This involves a legal document that specifies what works are being transferred and after fees are paid and signatures collected, the transfer is made a matter of record with the Library of Congress so there is no confusion later as to who owns the work. Personally, I’ve never done this and I strongly discourage going this route as it could lead to legal implications and amendments to the copyright law that will negatively affect everyone in this business, indefinitely.

A client may also offer a work-for-hire contract that buys me out of my copyright before production even begins. It’s my practice, that a work-for-hire deal may not be proposed after the production has started, and it most certainly costs much more to hire me under these circumstances, too.

The American Society of Media Photographers (ASMP) is a national organization and advocacy group for professional photographers, frequently involved in influencing legislation at both the federal and local levels in support of photographers and their copyright protections. They have chapters throughout the US and I highly recommend the membership if you’re thinking about going out on your own or are new to this business.

I first joined ASMP as a student in 2006 and was a member for many years. Here’s a note from them about copyright:

“The business of professional photography is broken into three main categories of use. Commercial refers to photography that is used to sell or promote a product, service, or idea. Editorial refers to photography used for educational or journalistic purposes. Retail refers to photography commissioned or purchased for personal use.

The difference between these categories is not in the type of photography but in the use of the images. Commercial, editorial, or retail, photographs are intellectual property. Unless the photographer is an employee or they have contractually transferred ownership, the photographer becomes the owner of this property when they create an image. Licensing this property for specific uses is how a photographer’s business generates gross income.” — ASMP (for more info: https://www.asmp.org/copyright-tutorial/)

Copyright gives the photographer the sole right to decide who can use the work that has been created. US Copyright Law, Title 17 of 1976.

• You create it — you own it. Copyright comes into existence automatically when the original image is captured.
• Any person or business must have permission (a license) to publish (reproduce) images in any medium, physical or electronic.
• The photographer does not have to register the work with the US Copyright Office to acquire copyright.
• The photographer’s name and/or the copyright symbol does not have to appear on or next to the image to have copyright protection.

As I’ve written above, ownership of my work is an integral part of my business. The ability to create revenue streams through licensing my copyright protected work is what allows independent creatives like me to make a living doing what I love.

Since I’ve gone into greater detail in my previous articles that included my practice of copyright protection and licensing, I’ll leave it here, and I look forward to writing more about my actual photography in the future.

For more info, please don’t hesitate to reach out and engage me in a discussion on the topics you’ve read about here.

I hope everyone is safe and healthy during these times. — Joe

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