- Copyright and the client
How does Copyright apply to the photographs we take for you?
A misconception a few people have is that if you pay a person to take photos for you then you own the copyrights to those photos. This however is not the case. To clarify this situation Advertising and Illustrative Photographers Association (AIPA) www.aipa.org.nz have launched www.copyright4clients.co.nz.
Copyright for Clients
The purpose of www.copyright4clients.co.nz is to provide a basic guide to clients to help them understand photographic practice and copyright. If you would like to read the information they have provided on their site, check out their FAQ section. To save you time here is a summary of their FAQ section:
Who owns the copyright in the images?
In the same way that musicians control who can reproduce their music, professional photographers retain copyright in order to control who can reproduce their images. Professional photographers, like musicians, keep ownership of their work and issue licences to enable people to reproduce their images. This is why it is important that you discuss your requirements and fully brief your photographer, including details about where and how you would like to use the images. The photographer will give you a licence that will reflect the agreed media - i.e. on a website, in a brochure etc, the time period and territories.
Why don’t I get the right to use the images wherever I want?
It is rare for a client to insist on unlimited use of the images created by the photographer, as this can be a costly affair. The price of the job includes the agreed media – an unrestricted licence would include every possible media including billboards, videos, TV, CD’s, t-shirts, etc - worldwide for the term of copyright, which is 50 years after the photographer dies. The price for this type of licence would be enormous and you would be paying for use you do not need. This is like buying a car to make one journey when you could have hired a car at a fraction of the cost. If I’ve paid for the film, processing or digital files why can’t I keep all the work?
If you buy a copy of a book, computer software or a CD, making that purchase doesn’t give you the rights to make copies of it or broadcast to the public. That right remains with the copyright owner.
If I’ve paid for the film, why can’t I keep all the work?
There is a difference between the medium (e.g. transparency/negative/digital file) and the content (the image) but one is of no use without the other. If you were to claim ownership to the negative this doesn’t mean you own its content. The image on the film (or digital equivalent) is the copyright of the photographer and without a licence it would be illegal to reproduce it. If you need further reproductions they can be done by your photographer in a professional manner and to a high standard.