Copyright
Guildford Photographer supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any of the images shall pass to the agency or client.
Guildford Photographer retains the entire copyright of all imagery within the website and at all times throughout the UK & globally. Guildford Photographer keeps the rights to use any imagery for their own promotion usage at any time.
Any imagery used without prior consent will be deemed as copyright infringement and subject to UK infringement law.
Licence & Usage
The photographer retains the copyright and gives the client a ‘licence’ to use the images in certain ways, media and over a period of time. This is a standard form of contract for a number of reasons.
The photographer needs to protect their rights and ensure that the fee charged to the client reflects not only the costs of production and profit, but also the value of the images to the business or individual that has commissioned them. This important point has become blurred in the digital age with the internet, social media, and the vast increase in images being created/shared. When initially entering a contract with a professional photographer there will be a brief, shoot list of some form, time on site or in the studio, and expenses. These are covered in a quote or estimate as required.
The usage of the images is also important: are they for use on the web; print such as brochures; social media; PR use for distribution to news and other media; or a combination of all these. As part of the contract between the photographer and client the usage will be agreed and forms the licence to use the images. A licence protects both the client and the photographer.
The business or individual that has commissioned the images can use them as agreed, and will also be assured that the photographer will not sell them to another business or competitor. The photographer is protected knowing that the images will only be used as specified.
Why not just transfer copyright? For the photographer that will transfer all rights to the image, with no protection against future use and value in the images. If the copyright is transferred to the client that has commissioned the images then that owner can not only use the images for the initial purpose but could also sell them on to other businesses that will profit from them, sell them on stock image sites, etc. That is a separate business in its own right.
Photography as a business requires terms & conditions as with any other business. When a client commissions a professional photographer to create images there will be a clear agreement about what the client is paying for, and part of that is the use of the images. The photographer is not just charging for time at the shoot, but the running of the business, the equipment, the pre- and post-production, delivery of images etc.
Importantly a client is paying for the photographer’s creativity, style, and the client is getting imagery that has a value to the business beyond the simple time it takes to shoot the image(s). Copyright, licensing and the contract work together to ensure both the client and the photographer receive the benefit of the commissioned images.