Why is it so hard?
I have a few theories but essentially it boils down to what a consumer perceives to be the “thing” that they’ve bought. Most of us are most accustomed to going to a shop, picking up a physical thing, paying for it and owning it. That’s simple and it’s likely the way that most people think about everything – as a physical product.
However with creative content it’s not that simple. Anything you create, be that image, design, music or written word, belongs to you and you only. And so it is with my images. I create the image therefore I own all the rights to that image. Just like you do whether you create your images on a high-end digital SLR camera or a smartphone. You create them, you own them outright.
So when a consumer “buys” a digital image, if I own all the rights, what are they actually buying? Doesn’t seem right does it? If you buy a toaster, you own the toaster, you can make a little business selling toast and you can sell the toaster again at the end. This is where things get different with creative content.
You do not buy the content. Instead you buy a license to USE the content in a number of ways. Or put in a different way, you don’t own the toaster , you have bought the right to use, effectively rented forever, that toaster. You can’t sell the toaster on , because the toaster doesn’t belong to you. You may be allowed to make money from the toast you make in the toaster, that depends on the licence to use the toaster you bought.
In terms of an image, or just about any other digital content for that matter, you buy a licence to use the image. You may be allowed to display it, print it for yourself, hang it on your wall. You may be allowed to use it for flyers or posters, more often that not with restrictions. You are very unlikely to be allowed to sell it on and make money directly from it without a very expensive license.
But the picture is of me! Surely I have the rights!!
Simply, no. You have none. Well, that’s not true. You have certain rights in certain circumstances. The long and short of it is that if you have had a full photoshoot, you will have signed away all those rights in a “Model Release” giving the photographer the rights to use the images of you in any way they choose, promo, resale etc. If you were at a public event on public property, you have no rights whatsoever as that would come under the EU “right to respect for their private and family life” – if you are out and about in public that’s very different to a paparazzo with a long lens looking through your window. As far as a photographer making money from those images goes, well a model release is not necessarily needed if it was impractical to get one at the time.
Indeed the same rules apply to children except that where it is practical for the photographer to get a Release, that would have to come from a parent.
Additionally, all that ONLY applies to commercial use of photographs. If a photographer is selling an image of you and you haven’t signed a release, you may be able to prevent future sales. You still have no rights over the image itself, the copyright will always reside with the photographer.
Finally, if you just happen to be IN an image and aren’t really the core subject of it, a release is generally not required.
So here’s how I see it.
I like to take photos out and about, it’s not often that I get something with a random person making the subject of a shot. I will try to get a Release if I can. If not, and if it’s you and you see it on here then drop me a line. Simple.
And licences, well that’s simple too. Copyright always belongs to me. Unless you stump up a lot of money for an image, I will always expect that my copyright is preserved in the vast majority of possible uses. I’m not expecting you to have a copyright notice on the version you print for your wall, nor your desktop on your computer but there are some simple things I ask you to do:
- if using for flyers, brochures etc. or in a newsletter, magazine or paper just ensure the image is credited to me. Something simple like “IMAGE: Calum Scott Photography” in text up the side or whatever.
- if using online on your own websites, just ensure that the IPTC Copyright data within the jpeg file is preserved if you edit it. Additionally an inline credit like the above would be appreciated.
- if using on social media, please ensure that you use the version of the image with my logo. Most social media sites now strip out IPTC and EXIF data – effectively removing the notice of my copyright!
- do not resell the image. So no making “things” with the image on for sale be they mugs, prints or anything else. No resale of the original image file whatsoever. Basically, please don’t use my image to directly make money. Indirectly in advertising material is fine – see above.
- The licence is for you and only you. I don’t mind if you make Granny a print, use my image in your advert in the local “Postcode Pigeon” or whatever. But don’t let anyone else.
- The licence expires when you do. Prints and other printed items rightly make part of your estate, but the licence to further use of the image does not.
If you buy a digital download, it comes with a full licence spelling out what you can and can’t do with it but it’s pretty much common sense. I really just ask, as you have the licence to use it, that you please look after my work.