A Basic Breakdown of Photo Licensing
In the business of photography and videography, there are many misconceptions about licensing and all that it entails. The biggest question to ask yourself is: do you have permission from the original photographer? If it’s a clear yes, then you’re good, but if you’re hesitant, you might want to look a bit further for more information.
Permission falls under a paid contract or license which stems from copyright laws and is where most confusion lies. Take physical possessions like your phone, car, furniture, etc. These you own and are free to sell or give away. However, photos are different even if you paid for them. Photos are similar to music or software purchases. By purchasing the license, you’re paying for the usage for an intended purpose but not for third-party distribution. This is because photos (music and software) are considered intellectual property and require a license that specifies the photo’s usage and limits.
Where this problem commonly takes place is through real estate listing photos and videography. Real estate listings have paid a photographer for their images and the use has been specified through the license that was purchased to be used for showcasing the house. Just because it has been paid for once, does not mean the license covers any and all uses for the foreseeable future. In the world of social media, photos are constantly being shared by listing companies, but this doesn’t mean anyone can grab that image off social media. If a photo is taken or distributed, it is in violation of the law and is considered copyright infringement. The same also goes for projects and products featured in photos. Just because that product is in the image does not contain any built-in rights. If you notice your project or company featured in an image, reach out to the photographer and request purchasing a license because like each business that created the products, photographers are also running a business.
Licenses are specific to the usage, so when a photographer is questioning how an image will be used, it’s because they are trying to give you the specific license that’s applicable to your needs. A license isn’t everlasting and all covering, so having the correct one provided by your photographer will grant how the images can be used and only how they can be used. In order to protect their work, many photographers use watermarks or even just acknowledge the photographer by name or tagging them on social media accounts, but this doesn’t take the place of license purchase. Even if no credit was given or no watermark is present, it still doesn’t mean the image is free to use however you choose.
As mentioned above, the consequence to using an image without permission of the photographer is a copyright infringement violation and is against the law. Copyright infringement is described and defined as “As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.” Copyright laws date back to the days of the Constitution, so this is not new news, but learning how to better understand these laws put in place helps us honor the work of photographers and creatives.
All in all, the keyword is permission. Without it, you’re in violation of the law and you’re discrediting the original photographer. So, if you’re unclear on the usage of your photos, be sure to look over the licensing agreement or terms of service with your photographer and if all else fails, check out the U.S. Copyright Office’s website for more information.