Photo Licensing: The business of selling a photo

Posted: 2010-03-15 12:39:44

Photo Licensing - stop thief!

There seems to be a growing sentiment these days among photographers that the photography industry is being slowly devalued. Although this is probably a little bit of an over-exaggeration, there is some truth that photographers rights and intellectual property rights in general do get stepped on every so often. The biggest question I think most face is really just "So where do I draw the line?" To answer this question, we need to take a good look at the business end of intellectual property creation.

There is a fine line can separates over-catering to actually profiting as a company or individual. In every industry, there is always a minority that assumes that licensing something is the same as purchasing. It often becomes commonplace to assume that paying money for something automatically includes the rights to re-purpose it, or at the extreme, reselling it all together. To make matters worse for photographers specifically, many have become accustomed to utilizing sites such as flickr.com as free stock photography sites, many have come across their images on all manner of web and print advertising. This has helped create sort of an un-spoken atmosphere of 'everything digital is free'. Even in chats with friends and partners in the Calgary marketing and advertising scene, it is amazing sometimes how even established communities of professionals can cut corners and publish unlicensed intellectual property.

Of course, this certainly isn't the case. Copyright law is very clear in both the US and Canada that unless transferred in writing, copyright and ownership always remains the property of the creator.. for the purposes of this blog, the photographer. There are of course certain exceptions (mainly with regards to work for hire), however, it is important to be clear that the only thing that is ever purchased, is a license to use an image, for a specific purpose, for only a specified amount of time.

So what can we as service providers do? Well, for starters, here are a few things that I have developed as my own personal policy as I have developed my business over the last few years:

1) Remain professional. Above all things, remain professional. This includes having the proper documentation (contracts, licensing, image releases, model releases) for your business, and using them. Be clear on what they mean, and don't leave anything to guesswork. Also, be as clear and open as possible with regards to your timelines. We all get busy, however it is important to maintain open communication with everyone. That way, no one needs to make assumptions, which is never in anyone's best interest.

2) Educating clients and partners. Many companies that hire photographers often don't fully understand copyright law, licensing, or what it actually means to hire a photographer. It is our job as photographers and intellectual property creators to educate our clients and customers.. Often this is simply sitting down in those initial meetings to discuss licensing and terms up front. This won't just help you and your client, it will help out all those photographers down the road who may work with the same client. Of course, all of this talk won't mean a whole lot unless all this is put in writing, which brings me to:

3) Contracts and releases. This is the single most underestimated and yet by far the most important aspect of any business, let alone photography. To protect yourself, your clients, and your fellow photographers, always write a comprehensive contract and get it signed with a witness. This contract will serve as a guideline and scope for both the work and the deliverables and timeline for the project. It is crucial at this point that licensing is clearly stated, so that there are no surprises down the road.

4) Educating our peers. Part of my own personal mandate with this blog is to emphasize the importance of helping each other and giving back. Many photographers undersell themselves simply from a lack of industry knowledge and business sense in general. It is hard on the individual photographers, and it is hard on the industry as a whole, and in some cases does lead to a devaluation of intellectual property.

5) Stand your ground. Although we always need to be sure to go the extra mile for the client, it is crucial that intellectual property creators everywhere stand firm on their rights. Really, this is just a reiteration of point 4 regarding contracts and licensing. If you don't have a signed document, you often don't have a foot to stand on, thus opening the door to trouble and potentially a bad name. In a city like Calgary, marketing and advertising can be pretty competitive and word travels fast. Having a bad reputation can follow a company or individual around for years.

For some further reading on the subject, I certainly recommend that you visit a few of the following resources that have helped me with my own business development over the past few years:

Photoshelter - Perhaps the most valuable resource available to photographers to date. A great blog, hundreds of informative PDF's, and a powerful back end system for photo licensing and sales.

Chase Jarvis vs. K2 - A recent lawsuit involving a large, multinational corporation, and a commercial photographer. An excellent lesson in licensing and business, and an excellent precedent set by Chase.

Smashing Magazine - A fantastic resource for any freelancer, designer, or photographer. Plenty of articles and info relating to the business side of things, as well as more practical stuff.

Photo.net - A great forum and resource for photographers. The forum is a good place to ask questions, and the "learn" tab is home to hundreds of articles ranging from business to technique.

There are many more as well, feel free to post some other useful links in the comments.

Categories: business, photography, licensing, contracts,

Share on Twitter | Subscribe via RSS | (1) Comments

Great post! You didn't mention the value of being part of a wider organization... though it probably would go under "educating our peers".

Personally, as an illustrator I am part of the Graphic Artists Guild in the US that fights for the rights of those in the communications industry especially with regards to copyright. I really enjoy their "Code of Fair Practice": http://www.graphicartistsguild.org/theguild/advocacy/code-of-fair-practice/

It's helpful to refer to the standards in the wider creative community.

Posted by Bethany Vanderputten on 2010-03-15 17:43:15