To the layperson, the whole area of licensing and copyright is immensely confusing. It's something that has evolved in English law over time and is there to protect artists against other people making money out of their creativity and hard work.
Some imagine that buying a photographer's services means buying copyright. Well it can - and many photographers will sell you full copyright for a fee. But do you need it? What actual use is copyright anyway if you bought it?
- you could legally claim the image is yours, effectively crediting yourself with taking it
- you could sell the photo to someone else (but seldom is there any value to anyone other than to you)
- you can stop other people using the image
If you think about it, only point 3. is of any real value to you. Like most artists, photographers hate the idea that anyone else can claim credit for their picture so they like to retain copyright.
So how do I know that others can't use the image
Very understandable since you have paid the photographer to produce it. And that is why the photographer licenses you the use of images from a shoot. The license normally states that the images are for your exclusive use and specifies that use narrowly or broadly. The photographer must not then sell use of the image to other people.
Well actually I do want others to use the image, how do we get around that?
If you want an image to be used to publicise your business then the license simply should be such you can use it that way.
Can the photographer help me place images for possible use in a way that would help publicise my business?
For the right photo, yes. I, for example, can place images with the online library Alamy.com that licenses images for use in national newspapers and magazines. All this takes time for me to set up and if the image is published I will gain a modest fee from the library - but this extra publicity will cost you nothing
I can't see a problem in others using the images from the shoot - can this save me money?
For the right images, yes. But from the photographer's point of view it's a major time investment getting the images into a library and whether the photo will ever sell is wholly speculative. And if it does sell the fee earned is often very modest (normally rather less than £100). However for certain shoots there may be something possible.
This all seems complex; what advantage does it have for clients?
It allows photographers to price images according to their value to their client. When a particular skill or artistic vision has been built up that allows for the expert creation of an image that is to be used full page in a multinational advertising campaign, a premium price is changed. If the same client only wants to use the same image in a brochure for its employees, a lower price. And if a local business contacts the photographer to produce some images for its brochure then a lower price again is likely to be charged.
By balancing price with the value the usage gives, a photographer is able to make a living while giving a wide range of clients a fair deal.
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