Licensing vs “owning”

This continues to confuse people, so here is the explanation.

Who Owns the Pictures When You Hire a Photographer?

After hiring a photographer, many people are surprised to learn they do not automatically own the images created. The reality of who holds the rights is determined by U.S. copyright law and the specific agreements made between the client and the photographer, also known as “Licensing”.
Paying for a photo shoot doesn’t mean you own the final images. The agreement with your photographer dictates how you can use and share your photos. That agreement is your “License”.

The Photographer is the Default Copyright Owner

Under United States copyright law, the creator of an artistic work is its default owner. This ownership is established automatically the moment a photographer captures an image. Because the photographer is considered the author of the work, paying for their service does not transfer ownership of the photos to the client.

Copyright is a set of exclusive rights granted to the creator. These rights include the ability to reproduce, distribute, and publicly display the photographs. They also cover creating derivative works, which involves editing or altering the photos. Unless these rights are explicitly transferred in writing, they remain with the photographer.

For the client, this means their ability to use the photos is limited without a specific license agreement, which makes the “License” an important document.

How a License Defines Photo Usage

The photography “License” is the primary document outlining what a client can do with their pictures. This agreement overrides the default copyright rule by granting the client a “License,” which is formal permission to use the photos in defined ways. A license does not transfer ownership but instead provides specific usage rights.

The terms of the “License” are negotiable and can vary. A “License” might specify the resolution of the digital files provided, whether watermarks must be retained, or if the photographer must be credited when photos are posted online.

Clients must review the usage terms before the photo shoot to ensure the license meets their needs. Understanding the scope of the “License” is necessary to avoid infringing on the photographer’s copyright.

Common Usage Rights for Clients

The type of license granted depends on the client’s intended use. For events like weddings or family portraits, photographers provide a “personal use license” for non-commercial purposes. This allows clients to make unlimited prints for family and friends, share photos on personal social media, and create items like photo albums.

Even with a personal license, there are restrictions. Clients are often prohibited from editing the images, selling the photos to third parties, or submitting them to contests or publications. These limitations protect the photographer’s artistic brand and commercial interests.

For businesses, a “commercial use license” is required. This license is more expensive and provides broader rights for marketing and promotional activities. The contract will specify the exact scope, such as use in online advertising or on product packaging. Commercial use involves using the images to generate revenue, which requires more extensive permissions.

Obtaining Full Ownership of Photographs

For clients who require complete control, a license is not enough; they must acquire the copyright itself. This is achieved through a “copyright assignment” or a “buyout,” which is a written agreement where the photographer transfers their full ownership rights. This transfer is permanent and gives the client exclusive authority to use the photos without limitation. This level of control comes at a significant cost, as the photographer relinquishes all future commercial opportunities associated with the images.