Client’s Confusion about Usage Rights and Copyrights

Scenario:

You are an owner of a business or you just started a business and you want to promote your services or products. Cool! This is a very good start and a very wise thing to do.

One aspect that is tied to a business is marketing. Of course, if you want to make money marketing is essential for the survival of your business. 

You need to promote your brand, engage prospective customers, and create repeat clients.

One way to achieve this is to hire a photographer. Not any kind of photographer! A professional photographer who knows what he is doing and knows the Ins and Outs of marketing.

Ok. You decide to hire a professional photographer to take some pictures of your products for advertising purposes. 

The photographer(professional) makes an appointment with you and goes through a To-Do list.

At some point, you’re presented with the word: “Usage Rights”: upon which the photographer explains that you need to pay to use the photographs.

Confusion:

“What? I have to pay to use the photographs?”, you exclaim.

“Yes, Sir/Madam”: replies the photographer.

“But I thought I own the photographs. I am paying you. Isn’t it?”

You are not alone when confronted with the word “Usage Right”. Many clients get confused when they hear the words “usage rights” and “copyrights”

Here are some tips to help you out.

OWNERSHIP.
First of all, whether you pay money for a stock photo or a photographer, you will NEVER own a photo outright. I repeat: NEVER. (There are some exceptions)

The photographer almost ALWAYS keeps the rights to an image.

First, you need to know what is the meaning of copyright and usage rights. 

According to “Anti Copying In Design”: Copyright is a property right that grants the creator of an original work exclusive rights to decide, and under what conditions, the original work may be used by others. 

US Copyright Office: Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression.

World Intellectual property Organization: Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works.

Some keywords are:

1. Property right or Copyright owner
2. Original works of authorship
3. Creator of an original work
4. Under what conditions original work may be used by others

Copyright.gov states that: “works are original when they are independently created by a human author and have a minimal degree of creativity.” Furthermore, this same website says that: “Independent creation simply means that you create it yourself, without copying.” 

Copyright.gov  also mentions that: “Once you create an original work and fix it, like taking a photograph, writing a poem or blog(like this one), or recording a new song, you ARE the author and the owner.”

So let’s refer back to where you hired a photographer(professional) to photograph your products or service.

The photographer sets up your product(s), uses the necessary props, adds lighting to your product(s), composes your product(s), photographs the product(s), and makes the final changes in software, like Photoshop.

All of the above setup and procedures to create the final image, with the approval of the client, is the photographer’s CREATIVITY.
This is the photographer’s ORIGINAL WORK OF AUTHORSHIP.
Therefore, according to the definitions mentioned above, the photographer owns the COPYRIGHT of the work. 

User rights come in when the client uses the photographs for personal or commercial use. In the case of commercial use, for financial gain, a fee is charged for a specific purpose and for a specific period of time.

Now that you have a better understanding of copyright and usage rights, it is time to hire the services of Elton Browne photography. We can collaborate together to get you the best and most attractive photographs of your product to attract prospective customers.

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