commercial photography licensing

What exactly is commercial photography licensing?

When booking a photographer to shoot for your brand or business, you may think the upfront cost covers you to use the images in any way you like, forever. After all the images were produced for your brand, with you in mind. Doesn’t that mean you can do what you want with them? Unfortunately, it isn't as straightforward as many people may think, and the situation will differ depending on which photographer you use and what sort of image license is included with your package.

Let's take the confusion out of what your photoshoot fee normally covers and what is extra!

When you pay a photographer to produce images for you, you are paying for their time, their skills, their equipment and their ability to capture your product in the way you want. However, as the person who captured them, it's the photographers creative work and they always retain the full copyright of those images. If you would like to use these images for advertising you may need to pay them extra for that usage, and this is called licensing. Think of it as a rental agreement, you are leasing their work and the more people that see the advertisement, the bigger the payment to the photographer may be.

What is the point of a photoshoot if I have to pay more on top?

The initial shoot fee is to ensure you have a range of custom images created for your brand, otherwise, you would have to rely on finding generic stock images. By engaging a professional photographer you're paying to have custom content that has been created specifically for you and which aligns with your branding and shows your product / services in the best light.

Generally, the images that are provided can be used (without any extra fees) for your own website, social media and internal business promotions at no extra charge however if you also plan to use the images in external paid advertising or marketing collateral then you may need to pay your photographer extra fees for those usage rights. This fee may be a part of your initial quote or charged at a later date.

Not all images need to be commercially licensed!

If you are getting a range of new images for your business you may need 40 or 50 images for your social media, website or internal promotions but you may only need to license 1 or 2. You also do not need to make this decision at the time of the shoot! The images that you receive can be used for your website and social media immediately at no extra cost and then if you decide to use any for an advertisement or magazine promotion at a later date you can simply reach out to your photographer at the time and pay for that one-off image usage.

Why is this important for you as a client?

In Australia, commercial photography licensing refers to the legal agreement between a photographer and their client regarding how the photographs can be used. This is important because it ensures that both parties understand the terms of how the images can be used, who owns the rights to the images, and for how long they can be used. It helps avoid legal issues and ensures you can use the photos as intended, whether for advertisements, websites, social media, or other commercial purposes. It's important to discuss these terms clearly with your photographer upfront to avoid misunderstandings and potential legal or financial penalties down the line. Understanding the licensing agreement ensures that you know your rights and limitations when using the images.

Types of Licences

Exclusive License: The client gets the right to use the photos in certain ways and is the only one allowed to use them for the agreed purposes. This is often more expensive because it grants the client exclusive use of the images.
Non-Exclusive License: The client can use the photos, but the photographer may also potentially license them to others. Non-exclusive licenses tend to be less expensive, as the photographer can sell or license the images to other clients.
Limited Usage License: The photographer assigns rights to the client to use the images in specific ways.
Unlimited Usage License: A one-time payment is made and the client can use the images as agreed without paying ongoing royalties.

Copyright - Key Points for Clients

1 - Copyright and Ownership: In Australia, under the Copyright Act 1968, when a photographer presses the button on their camera, copyright is applied automatically to that image and they own the images they create. Unless specified in the contract, clients don’t automatically own the images however photographers can assign certain rights of the image in a way that is agreed upon between the photographer and client.

2 - Moral Rights / Attribution: As a second step to copyright, moral rights are also applied to creators in Australia under the Copyright Act. Which means that that they have the right to be attributed. Which is why you will see photographers or other artists, attributed/credited in publications across the print and digital worlds.

3 - Licensing: Commercial Image licensing refers to the practice of a photographer (licensor) selling a licence to use their image in a specific way, rather than selling the photo outright to a buyer (licensee). It is the industry-standard method for selling photos for promotional, editorial, commercial and advertising use, where the licensee intends to use that image to help them generate more exposure, sales or business revenue via external promotions/channels. The photographer will issue a contract to their client outlining licensing, copyright and attribution details, the relevant fees payable along with the term of the license and any other variables.

4 - Scope of Use: The license will outline how the images can be used, such as for marketing, advertising, social media, websites, print, etc. eg Commercial photography used for national advertising campaigns will generally come with higher fees than local campaigns due to the broad reach and visibility.

5 - Duration: The license will specify how long the client can use the images. It could be for a set period (e.g., one month / one year / 5 years) or for a specific campaign.

6 - Copyright Infringement: If the client uses the images in a commercial manner without specific permissions, this can be seen as copyright infringement and significant ($10,000+) fines can apply. The license agreement is in place to set out exact terms and to protect both the Licensor and Licensee from any future claims.

7 -Image Release: As part of the agreement, the photographer (Licensor) will need to guarantee to the Licensee that they own the image and have the rights to issue the license for it's usage.

8 - Usage beyond Agreement: If the client wishes to use the photos in ways not covered by the agreement, they would need to seek additional permissions or purchase a broader license.

Why don’t I just buy the image copyright from the photographer?

The simplest answer is that it's generally not worth it. Buying the copyrights off your photographer ($1000+ per image) may cost a large proportion more than paying for one-off commercial rights. Some photographers may also refuse because they have no control over how you utilise their work going forward. Lastly, most images are only used commercially for a couple of years before the company updates their images and generally, it isn't worth buying out the copyright for such a limited time.

What can I do if I can't afford to license an image for advertising?

As a business, the costs can mount up quickly and some brands just aren't in a position to pay for a custom content shoot as well as licensing to advertise. They need to make money before they can spend it! With that in mind, the alternative would be to buy generic stock images for your mainstream advertising. Stock images allow you to pay just for commercial rights. They won't be custom to you but they can be an option to get you through until sales enable you to spend money on your own bespoke images. Remember, that there is no added fee to use the images on your website/socials or internal / unpaid marketing.

BUT HERE'S THE GOOD NEWS!!!

Many commercial photographers charge anywhere from an extra $200-$1000 per image to use images in external/paid advertising campaigns, however the good news for you is that when you engage Sunny Coast Photos as your commercial photographer, a full unlimited commercial usage license is included with every photo from your commercial photoshoot. This means that not only will you be saving hundreds or thousands of dollars, you also have complete peace of mind when using your beautiful images in whatever advertising mediums you choose to!

*please note that images captured for personal sessions are not permitted to be used in commercial campaigns, unless relevant additional fees are paid

In Summary

The cost of commercial photography images and licensing in Australia can vary greatly between photographers, and it’s always recommended to discuss the specifics of usage and budget upfront with the photographer to ensure you’re on the same page regarding fees and licensing terms.

When booking your next photoshoot, it is vital that you are aware of your obligations and inclusions when engaging your selected photographer to ensure that you aren’t liable for using an image unlawfully without knowing it.

For clarification / further information, contact Dave Gleeson at hello@sunnycoastphotos.com.au or 0411 215 111