More Than Just an Image - The in's and out's of Copyright
The longer I work in this industry, the more I learn about the various laws surrounding copyright and image usage, and the more I realise that the general population don't really understand what they are paying for upon the purchase of an image. This isn't an insult on any of my lovely clients, this is simply something which anyone who doesn't work in the industry isn't really aware of; They buy a nice photo of themselves with their horse at a show, and under their understanding, that image is theirs to do what they want with. But that isn't really true, there are a number of restrictions, depending on how the image was sold to you on how you can use it. So in this blog, I'm going to help the everyday person to understand what they are really paying for when purchasing an image, with the hope to clarify the do's and don'ts, and to make sure everyone is a little happier, and a little more educated with the laws surrounding image use.
Let's start with the most common digital product: the low res Facebook file.
This is an extremely popular product with a large number of my clients (and many other photographers' clients), it's the cheapest option, and often perfect for what most people want, a digital copy of their image which they can save to their devices, and share on social media with friends, family, and occasionally, strangers in Facebook groups. All of these uses are completely acceptable, because you are using the image for personal use, you're not attempting to make any money from it by using it to advertise a product or service, and it is being used in the original form it was sold to you in.
However, with this image, you don't have a right to make any changes to it, this involves using filters, cropping, or changing the image in any way. This is because when you purchased the image you didn't buy a license to do any of this. What you pay for is actually a license of use, the terms on which you can use the image (You're not just buying a pretty picture!). Often, if you wish to use an image for purposes other than personal use, you pay for more, because you are paying for potential income made from the image, or the right to alter a photographers work (Which at this point, the image loses the photographers "style" that he or she uses in the editing process, the stamp they put on their work to make it their own).
"But that image is of me? Surely I have the right to use it how I see fit!" Not true! Whomever took the image is the owner of the copyright, the copyright being the important bit:
Copyright (Kop-ee-rahyt)
noun
The exclusive right to make copies, license, and otherwise exploit a literary, musical, or artistic work, whether printed, audio, video, etc.: works granted such right by law on or after January 1, 1978, are protected for the lifetime of the author or creator and for a period of 70 years after his or her death.
The only time that image use and model permissions come into play is when an image is going to be used in advertising. If I were to shoot an image of a rider at a show, me being the official photographer, and wanted to send it to a company for them to use for an advert, be that either online or in print, I would have to get a model release form signed by everyone in the image to confirm that they would be happy for their image (Image used in the context of them as a person, not the whole image itself) in this way. This protects people from being used in adverts that they may not be happy with, as well as individuals, who for various reasons, may need to keep their identity hidden from publication.
And another thing you may not realise, is that upon entering a competition, unless exclusively stated, you are giving permission for the official photographer to take photos of you.
These same copyright laws apply when you purchase prints, you do not have any permissions to reproduce that image in any way.
If you wanted to use an image for advertising, even if it was just going to be a Facebook post for your business, you would need to contact the photographer directly to arrange permissions to use that image in such a way. This is because at that point you are using that image to advertise and make money from, to help grow your business. At this point you will require an advertising license, which can have a number of different terms, depending on your requirements: Are you only wanting to use it once? Is it only for social media? Is it part of a large campaign across a number of platforms? Do you require printing permissions? Did you want unlimited use (This means no time constraints on the length of time you can use the image for)? Will you be using it on your website? Will it be used for sister companies? There are a number of things to take into consideration, but most photographers won't charge the earth for a one off social media post. The problem arises when you go ahead and use this image without prior discussion with the photographer, at this point you are guilty of copyright infringement, which means you are liable to be taken to court. This process can be an ugly one, likely ending with you paying a much larger amount than you would have initially, potentially being charged for flagrancy, image orphaning, damages, etc.
Now, what if a Horse & Hound reporter contacts, you've just won a big class and they want to write a report about you, you're over the moon! They ask you a few questions for their report, get a statement, and then ask you for an image from the day, so you quickly purchase a low res file from the official photographer's website and email it over, no problem there, right? Well once again, you're in breach of copyright, a low res image doesn't have an printing permissions, and what's more, it's totally unsuitable for printing, meaning the image will come out over pixellated and is a terrible representation of that photographers work, plus the photographer doesn't receive payment or acknowledgement for their work. Even if you purchase a high res file, you still wouldn't have obtained usage permissions from the photographer, so again, would be in breach of copyright. If you want to send an image to a magazine for printing, you need to contact the photographer directly. They will be more than happy to sell you a high resolution copy of the image, for you to use one time only in the magazine (They may potentially have other terms, such as credit must be given to make the most of the opportunity of publication).
Like I mentioned earlier, you buy more than just a pretty picture when purchasing an image, you are purchasing a license for what you can and can't do with that image, and these licenses protect us photographers and our work from being exploited. If you want to do more with your image than just post it on social media and have it on your devices, but are unsure what exactly you have purchased, then always contact the photographer first, we're happy to help and explain as it can be a bit of a minefield navigating these laws, and we always appreciate people asking before acting, after all, it's our work reputation on the line.
Stay creative,
Emma
