When you hire a professional photographer to capture your headshots for your book promotions, social media, or business marketing, it’s crucial to understand the rights you have to the photographs and how you’re legally permitted to use them. Misunderstanding these usage rights can lead to unintended copyright infringements. This article will guide you through the basics of photography usage, focusing on what you are and are not allowed to do with your photographs.
What is the Difference Between Ownership and Copyright?
In most photography contracts, the photographer retains ownership and copyright of the images, known as the “work product.” This term includes all photographs, negatives, and digital images. As a client, you are typically granted a license to use the photos for specific purposes, but the intellectual property remains with the photographer.
In almost all retail cases, the client rarely needs full copyright. Instead they usually just need a well written photo license.
What Does a Photo License Cover?
A photo license gives you, the client, the rights to use the images for specific purposes. These can vary, but typically in headshot photography, a license would allow you to use the photos for personal promotion, such as on your personal or business website, social media profiles, or in print materials like brochures and business cards. You could also use them in press releases, personal portfolios, or as a profile picture on professional networks.
However, the license usually stipulates that you cannot alter or edit the photos in any way without the photographer’s explicit consent. This includes actions like adding filters, cropping, or retouching. Also, remember that your license is for personal use and doesn’t allow for commercial distribution or resale.
Prohibited Uses of Your Photos
Understanding what you’re not allowed to do with your photos is just as important as knowing what you can do.
For example, here are ten examples of actions that would be considered acceptable use in most contracts:
Personal Promotion: Using the work product on the client’s personal website or blog to promote themselves or their business.
Social Media: Posting the work product on your personal social media profiles, such as LinkedIn, Instagram, or Facebook, for non-commercial promotion.
Portfolio Use: Including the work product in a personal portfolio to showcase the client’s appearance or style.
Business Cards: Printing the work product on business cards for networking purposes.
Email Signature: Including the work product in your email signature for personal branding.
Book Promotion: Using the work product on a book cover, inside a book, or in promotional materials for a book you authored
Personal Branding: Using the work product on marketing materials like brochures or flyers that promote your personal brand or business.
Press Releases: Including the work product in press releases about you or your business.
Presentations: Using the work product in presentations that you give at conferences, seminars, or other events.
Profile Picture: Using the work product as a profile picture on professional networks or platforms like LinkedIn, a company website, or industry-specific forums.
Prohibited usage typically includes:
Unauthorized Commercial Use: Using the work product in an advertisement for a third party’s goods or services without the express written consent of the photographer.
Resale: Selling prints of the work product, or any reproductions thereof, without the express written consent of the photographer.
Modification: Changing or editing the work product in any way, such as by adding filters or text, cropping, or retouching, without the express written consent of the photographer.
Unlawful Use: Using the work product in any way that violates laws or regulations, such as using it in defamatory or obscene content.
Unauthorized Distribution: Sharing the work product digitally or physically with a large group or public audience without the express written consent of the photographer.
Infringement on Others’ Rights: Using the work product in a way that infringes on the rights of others, such as using a photograph that includes a recognizable person for commercial purposes without that person’s consent.
Misrepresentation: Implying or stating that the client is the creator or copyright holder of the work product.
Inclusion in Derivative Works: Incorporating the work product into a larger work (such as a video, multimedia project, or collage) without the express written consent of the photographer.
Sub-licensing: Granting a license to a third party to use the work product without the express written consent of the photographer.
Negative Portrayal: Using the work product in a context that portrays the photographer or any person depicted in the work product in a negative or derogatory light.
Avoiding Copyright Infringement
When using professional photographs, always make sure to adhere to the guidelines of the license provided by the photographer. Unauthorized use can result in copyright infringement, which could lead to legal action and damages. Avoid using the photos in any way not explicitly allowed by the contract. If you’re unsure, always ask the photographer for clarification or written permission.
Understanding photo usage rights is a key aspect of professional photography contracts. Knowing what constitutes personal use and what’s considered a prohibited action will help you to leverage your photos effectively while respecting the rights of the photographer. When in doubt, always refer back to your contract or consult with a legal professional.
By adhering to these guidelines, you can confidently promote your personal brand or business with your professional headshots, knowing you’re within your legal rights. This will help avoid potential legal complications and ensure a positive and respectful professional relationship with your photographer.