Copyright and Licensing
Copyright & Licensing
What is Copyright?
In simple terms, copyright in photography means that the photographer holds ownership of the images taken during a photoshoot. According to copyright law, once a photograph is captured, the photographer automatically becomes the copyright owner of that photo.
This grants the photographer exclusive rights, including the ability to:
Reproduce the images
Display the images publicly
Sell or distribute copies of the photos
Create derivative works based on the photos
Who owns the photos after the shoot?
While the photographer retains the copyright, you will receive specific usage rights through a "Photo Usage License"—which outlines how you can use the images. A Photo Usage license covers a wide range of uses, such as for your web portfolio, print portfolio, social media and marketing.
Can you sell the photos to vendors to offset the cost of the shoot?
No. Selling, reproducing, or distributing copyrighted photos without permission is a violation of copyright law—this is known as copyright infringement. You must get written consent from the photographer to use the images in these ways.
What’s the difference between licensing and copyright?
Copyright gives the photographer full ownership and control of the photos. Licensing, on the other hand, is a permission granted to you (and sometimes others) to use those photos within certain parameters—without transferring ownership.
Third-Party Usage
Who is considered a third party?
Third parties are anyone outside your immediate use of the photos—such as architects, interior designers, contractors, builders, and product manufacturers (e.g., lighting, flooring, appliances, tile, etc.).
Can you share the photos with vendors or other third parties?
No. Each third party must purchase their own "Photo Usage License" directly from the photographer. If they want to use the photos for marketing, social media, or their own business purposes, they need to pay for their own license. As the client, you’ll receive 20% of any third-party license purchase, which can be credited toward your next photo shoot.
Can you share the photos with vendors on social media?
No. Each vendor—whether it’s for lighting, furniture, fixtures, or other products—must purchase their own "Photo Usage License" from the photographer. The same applies for social media use. If a brand reaches out to you about using the photo for their social media, website, or marketing campaign, please have them contact the photographer directly. Again, you’ll receive 20% of any sales as credit toward your next shoot.
Can you use the photos for an editorial feature or publication?
Yes, but only with written permission from the photographer. In most cases, the publication itself needs to buy a "Photo Usage License" from the photographer. Publications are considered third parties as well.
Photo Licensing
Do you have clear written permission to use the photos?
If you don’t, you’ll need to get that permission before using the photos commercially or sharing them with others. The photographer will draft a license or contract, giving you the legal right to use the images.
What is cost sharing?
Cost sharing is when multiple parties split the expense of a photoshoot. In this case, each additional party will pay an added license fee, typically 25-30% more for each additional participant. This makes it easier for everyone involved to cover the cost while still respecting copyright and licensing laws.
Let me know if you have any questions about your rights or need further clarification on licensing.
