Copyright of Your Photographs
Copyright and image/reproduction rights is something everyone should be aware of when instructing a photographer. This is a big subject, but the main thing to consider is that copyright as standard belongs to the photographer.
People need to be aware of this, because even though they have paid for a photoshoot, they do not own the copyright to the images. A reputable photographer will offer image and reproduction rights of the images and they should define that clearly in their contract. It is worth being aware of this.
Here is the clause that we have recently added to our contract;
“The photographs, digital negatives or prints produced by The Portrait Kitchen for the Client, are protected by International Copyright Law (all rights reserved) and The Portrait Kitchen retains the copyright to all photographs and images produced.
The Portrait Kitchen licences exclusive reproduction and publication rights of Client images to the Client in perpetuity and agrees not to publish (physically or electronically) any images created for the Client without their written permission.
The Client may reproduce any images from the Photography Session in any format that they own (eg Client website, social channels etc).
Where images created for the Client by The Portrait Kitchen are to be used by a third party, (physically or electronically), the Client must inform and seek permission for their use from The Portrait Kitchen.
The images must not be used for activities that were not the intention of their creation including but not limited to, political canvassing, illegal activities, adult material or in any manner that would cause reputational damage to The Portrait Kitchen brand.
While The Portrait Kitchen takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image produced for the Client by The Portrait Kitchen.”
As standard, we licence perpetual reproduction rights to our clients however we have a reference to third parties. So if your work ends up on the cover of Vogue Italia, a discussion will need to be had before granting permission to publish. No respectable picture editor would sign off an image in their publication or exhibition without the copyright owners permission. They will want sign off from the copyright owner so that they do not risk being pursued for breach.