Understanding Copyright | Whitney Beth Photography

October 04, 2019  •  Leave a Comment

     "Copyright" is a word that is thrown around a lot in the creative industry. It's also used incorrectly pretty frequently. So what does it actually mean and how does it effect you? It is defined as, "the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same." Essentially, the second you create something it is protected by copyright. You own it as intellectual property. This can be confusing in the photo world when a photographer is advertising the "rights to the image" or a client requests the "rights." 9 times out of 10, what the photographer or client really means is, "printing rights."

     So what's the difference?

     If I were to offer you an image and sign away the copyright to you, that would mean that the image is no longer mine. Now before you panic, the image wasn't yours to begin with - even if it's of your family. The second my shutter releases and a family portrait appears on my camera screen, is the second that I have created something. And by me creating it, I hold the copyright. If I sign away the copyright, I have no rights to the image. I can't use it on Instagram, my website, portfolio, nothing. It's not mine anymore. 

     However, if I take that same image and grant you printing rights, that means that I, as the holder of the copyright, am allowing you to print it. If you've ever tried to print professional pictures before, labs are supposed to check to make sure you have the proper rights to print. By giving you printing rights, I still am allowed to advertise, blog, share, etc. Because the image is still mine. 

      How does this effect you? 

     People are ignorant and don't realize that if they "grab an image from google" - they are infringing upon copyright. They don't have the proper approval to use that image. When it comes to grade school and reports it's usually no big deal, but if a company, business, blogger, etc uses an image found online without permission, they can get in deep trouble. The same goes for social media. If a photographer shares an image that you don't have the rights to or haven't purchased, and there is no "it's ok to screen shot this" post, by taking a screen shot you are stealing. Stealing is not good. In my case, where clients pick and choose their favorites to purchase, screen-shotting an image is taking away profit. In larger cases where accounts steal images and use them for advertising, law suits can insure as well as a hefty bill back dated to when they started using the photograph. 

     Not to get super dark on you, but it's a big deal, and like I mentioned before - a lot of it is ignorance. Hence this post. 

     So to sum everything up, when working with a photographer you will most likely be given printing rights. You always have the option of purchasing the copyright, but that usually comes with a pretty big price tag. Think of it as buying a painter's original piece before they start selling prints. That's taking money off the table, so it has to be worth the fallout for them. 

     Do you have any questions? leave them below and I'll answer them! 


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