
Thinking about having some professional images made? Want to know what rights you have to the images? Before we get to the typicals and specificals of this here’s a little disclaimer: There are many different photographers and many of them have their own way of doing things. So the best way to be fully informed on this subject is to talk with your photographer about the finer details of how they handle copyrights.
This subject would be much easier if everyone operated on some standard of practice but the waters are a little muddy for those who do not fully understand the copyrighting process. Hopefully I can clear up a few questions without boring anyone with the copyrighting process itself.
To keep it simple
If you are paying a photographer for the service of capturing and delivering digital copies of images and are not signing a photography release form you can file for copyrights of the delivered images. (If this is something you want to do be sure to communicate it up-front with your photographer to avoid any potential legal issues) A photo release form or model release form can include many things but it is basically a legally binding document that gives the photographer the ability to retain some of or all of the copyrights to their images. A photo release form also gives them the right to use those images in their portfolios and potentially sell them for a profit.
If you are not paying the photographer to take pictures the photographer owns copyrights. This means that if a photographer offers a free shoot with the purchase of a print package they retain any and all copyrights since they were paid for prints rather than the service of taking photographs.
To make it complicated

Most photographers don’t file for copyrights on all their images. Also, most photographers file for copyrights on at least some of their images. Confusing, right? stay with me.
This means that it is best to discuss the copyright details with your photographer. Traditionally, photographers have addressed this confusing scenario by not releasing their digital original images to clients. This is a great strategy when taking photos with the intent of only printing them for clients but in todays digital world there is a huge demand for the delivery of digital images.
There are a few ways that photographers get around this little issue.
One is to offer a basic package with prints only and then offer the option of digital delivery for an additional fee.
Another option is that the photographer offers a photoshoot and digital delivery only service that comprises a fee for the shoot and a fee for the delivery of digital images with no photo release form so that the client can claim copyrights if they so choose.
The digital file release fee is and should be significant because releasing the digital image to the customer means that the photographer is not getting any additional revenue from print sales (which is where most photographers used to make a considerable share of their money) since most customers use the digital images to have their own cheaper (usually lower quality) prints made.
Releasing the original digital image and accepting payment for the service of capturing images also means that the photographer is getting paid for the service rather than taking the photos for free and selling prints to the customer. Why is that important? refer back to the “keep it simple section”. Traditionally photographers were charging for prints rather than the service of taking pictures. This meant photographers could retain copyrights on all their images. However when the photographer is payed for the service of taking the photographs the payor then has a claim to the copyrights of the images they payed the photographer to create unless they signed a photo release form.
The best way to address this is a waiver which clients sign before any service is rendered. A photo release form or model release form can include many things but it is basically a legally binding document that gives the photographer the ability to retain some of or all of the copyrights to their images. It is also used to inform the client on what the photographer plans to do with the images and what the client may do with their images. By retaining the copyrights to images photographers can give a small discount but should still be charging a premium for digital delivery since it rules out the possibility of selling prints to clients in most cases.
Today’s digital world is causing the evolution of almost all industries and the photography industry will be no different. There is much work to be done on the professional side of photography. Communicating effectively with clients and fully explaining what they are paying for and what they are receiving will be paramount as this industry continues to evolve. Photographers must retain the ability to be paid fairly for their work while maintaining relevant business models that provide value to clients.
I hope this helps clear up some questions about photographers and copyrights. If you have questions or comments feel free to leave them below!
Thanks for reading!
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