Your Picture Rights

Advance Notes: "If a photographer 'sells' a picture to a client, does the photographer lose their ‘rights’ to that picture?”

The Copyright Law (the 1976 revision enacted into law on Jan. 1st 1978) places special emphasis on the above question. A photo belongs to the photographer, from the moment they snap the shutter. The law protects the creator of the "work" (in this case, a photograph) by making the assumption that unless it is otherwise stated in writing, the ownership of the work rests with the creator of the work, not the buyer of the "license" to use it. In other words, if a photographer is on assignment to take specific pictures for a client, and no written statement is made regarding ownership (not just "use" rights) of the resulting pictures -- the photographer owns them. In the old days (pre-1976) it was assumed that the client who purchased the license to use the photo, owned the picture. Now it’s considered that when a client "purchases" a picture for use, they are only "renting" the picture for that use. Ownership (copyright) stays with the photographer.

BACK THEN

Some clients will be aware of this stipulation and will include on their contract form or agreement letter, this phrase: "Work For Hire." If a photographer signs such an agreement or contract, they do relinquish their rights to the picture(s).

Here are definitions of "rights" that are commonly accepted in the stock photography industry:

One-time rights -- the client or publication has permission to use the picture only once. Most stock photos are 'rented' or 'leased' on a one-time-use basis.

First Rights -- the same as one-time rights, except that the client or publication pays a little more for the opportunity to be the first to publish the picture(s).

Exclusive rights -- the client or publication has exclusive reproduction rights of the photograph for a specified amount of time. Example: one or two years for a post card, or three years for a brochure. After that time the photograph rights return to the photographer.

Electronic rights – the client is authorized to also use the image on the Web or in a similar "electronic" medium.

All rights -- unlimited rights. The outright transfer of the copyright to the client or publication. They now own the copyright to the photo and control its use.

For more information on photo rights, type in the word, "copyright" in the Search section of the PhotoSource International home page (www.photosource.com).

Rohn Engh, veteran stock photographer and publisher of “PhotoRESEARCHER Newsletter,” has provided on-line targeted information for photobuyers, photo researchers and editors for two decades. No other newsletter brings photobuyers such up-to-the minute, practical information from a professional intimately familiar with both sides of the stock photo desk. For more info: http://www.photosource.com/photobuyer/