All About Copyright (or “I paid you to take photos, how come I don’t own them?”

Here’s the short version: In America, when a photographer takes photographs, they automatically own the rights to those photos. It’s called “copyright ownership”, and that ownership is protected by both federal and state laws.

OK, that’s probably not enough to help you get a clear understanding of what copyright ownership really means, so let’s address some questions commonly asked by clients and potential clients.

“WHY DOES THE PHOTOGRAPHER GET TO OWN THE IMAGES?”

Because they’re the artist, and in the United States the artist who creates the artwork owns all rights to that piece of art as soon as it’s created, and because a photograph is a piece of art, it’s automatically protected.

“THAT SEEMS UNFAIR TO THE CLIENT. SINCE THEY’RE PAYING THE PHOTOGRAPHER, SHOULDN’T THE CLIENT OWN THE PHOTOS?”

It might seem unfair, but if you understand why these laws exist, it begins to seem more reasonable. Let me expand a little: much like a fine art painter, a writer or musician, a photographer is considered an artist in the eyes of the law, and as the artist, they have the right to control their original works, including how they create and deliver a final commissioned product (the images in this case). They couldn’t do that if they didn’t also control the complete rights to those images. This gives photographers autonomy over their art form and their careers and puts protections in place that photographers need. Overall, copyright protection strikes a balance between protecting the creative rights of photographers and ensuring that clients can use the images for their intended purposes, without infringing on the photographer’s rights.

Some photographers do assign the rights to images to the client as part of their contract, but they’re not required to.

“OK, I HAVE A CONTRACT. DOES THAT MEAN I OWN THE IMAGES?”

That depends on what the contract says. Here are three circumstances in which the client could own the rights to the images delivered by the photographer, in order from least common to most common:

1. The photographer just agrees to give the client all rights to the images. This is a very unlikely scenario.

2. The contract between the client and photographer is a “work for hire” contract. These types of contracts usually only benefit the photographer when the client is high-profile, requires ongoing work (like multiple events), or is willing to pay a premium fee beyond the standard rate. It’s important to note that unless the contract uses specific language declaring work for hire, then the default ownership of the copyright still belongs to the photographer. This is a rare scenario except in a few specific industries and the vast majority of photography gig contracts will not be work for hire.

3. The client pays a large fee to buy out the copyright, above and beyond the photographer’s rate for creating the photographs. This gives the client complete ownership of the images and transfers all rights from the photographer to the client. This generally means the photographer would no longer be able to use the images for any reason, except for self-promotion (though in some cases, not even for self-promotion). This is rare for individual, family or small business clients, but is more common with large non-profits, companies and corporations.

There are some situations where clients mistakenly assume they would own the images, so here are a few situations where you might not realize the photographer actually owns the rights:

1. If the contract doesn’t say anything about assigning rights, the photographer owns the rights.

2. If the photographer and client don’t have a contract, the photographer owns the rights.

3. If the photographer is photographing strangers in public with or without their permission or even without their knowledge, the photographer owns the rights.

In short, the photographer always owns the photos by default, though they have the right to assign some or all of those rights to clients, depending on the circumstances and fees paid.

“SO ARE YOU TELLING ME I COULD HIRE A PHOTOGRAPHER AND THEY DON’T EVEN HAVE TO GIVE ME ANY PHOTOS BECAUSE THEY OWN THEM?”

Not at all. If you paid a photographer to create photos, you always have the right to receive photos from that session. However, the photographer gets to decide how to edit the images, which images are worthy of delivering to the client and how you use the images. Some details are generally negotiated before signing a contract – for example, you and the photographer might discuss how many images you can expect (it’s normally an estimated number, rarely a guarantee), you could talk about what you’d like the photographer to focus on when photographing your event or you might negotiate fees for extras. Sometimes these details are set in stone (like when a photographer offers a mini portrait session that has the same details for every client).

Since we’re talking about common misconceptions, I’d like to address another one: often, clients will ask for “the raws” or “unedited photos” or “every photo you took”, but the photographer has no obligation to deliver these or include them in a package. Asking a photographer for the raw files is like asking a painter to give you their rough sketches – handing over unfinished work to a client is something no professional artist would do.

“SO THE PHOTOGRAPHER OWNS THE IMAGES…DOES THAT MEAN THEY GET TO DICTATE HOW I USE THE IMAGES?”

In most cases yes, but the person or company that hires the photographer always has a basic right to use any of the photos delivered to them, in certain ways. They can generally print the photos for personal use (to make albums out of 5×7 prints, for example) or they can share them online with friends or guests, or if the client is part of a business, they can use the images for social media promotion or marketing purposes (though some uses may require the photographer’s permission, like printing in a magazine or print advertisement or for use in a news article).

“IF THE PHOTOGRAPHER OWNS IMAGES OF ME, WHAT CAN THEY DO WITH THEM?”

By default, the photographer has the right to use images they create for almost any purpose. They can put the photos in their portfolio, share them on social media or use them to enter contests. They can even profit from the sale of the images, like if they make large prints and sell them at a gallery, or if they sell an image to a stock photo company. Some of these uses do require the client’s permission (like selling to a stock photo company), which is often given as part of the contract in the form of a model release clause or through a separate model release form.

It can seem a little disconcerting, but it’s really not as scary as it seems. Professional photographers work very hard to make sure clients understand what their images might be used for and that they’re OK with those uses.

And remember! Even though it seems like this is all on the photographer’s side, many professionals (including me!) make sure their contracts include clauses designed to protect the client as well. For example, a good contract contains wording that requires the photographer to never use your images in a way that defames or demeans you.

“KNOWING ALL THIS, WHY WOULD I EVER HIRE A PRO PHOTOGRAPHER?”

Despite the sometimes confusing complexities surrounding copyright ownership, there are lots of compelling reasons to hire a professional photographer. Professional photographers use a wealth of expertise, technical skills, high-end equipment and artistic vision to capture moments in a way that surpasses what an amateur or smartphone can achieve. They understand lighting, composition and posing in ways that non-professionals don’t, and this helps them create stunning photos. Additionally, hiring a professional ensures a high level of reliability and professionalism throughout the entire process, from planning the shoot to delivering the final results. If your goal is to end up with images that will last for generations, or images that will help you reach new customers, or images that document a special moment in time that will never exist again, then professional photographers are the best choice, even if it means there are restrictions on how you can use the images they create for you.

Ultimately, you’re hiring an artist to do what they do best and if there are some restrictions on how you can use the art they create for you, it’s worth it to own something special and unique, created just for you.