What is image licensing and do I need it?
What is Image Licensing?
There are many different types of image licensing out there, and for the uninitiated, it can be a lot of confusing jargon that makes you wonder what exactly you’re paying for. I’ve put together this guide to explain all the terms and reasoning behind image licensing for you, the client, so you can better understand what it is and why we use it.
I’m from and work out of the United Kingdom. Here in the UK, copyright automatically belongs to the photographer from the creation of the image, and up to 70 years after their death. This means if you’ve hired a photographer to take photos for you, even if the images are of you, they belong to the photographer indefinitely. When you use those images, you’re subject to the photographer’s usage rights, which vary.
If the photography is for personal use (for example, portraits for a personal social media account), you’ll be granted non-commercial rights to use those images anywhere, web or print, as long as they stick to the terms of ‘personal use’ i.e. not using the images for commercial purposes, resale, advertising, etc. However, the photographer still owns the images themselves. Most photographers will have their own agreed upon terms for personal use. This often includes clauses that forbids you from further editing, how and where you may use the images; and if the images are of you or your likeness, whether the photographer will agree to withhold from displaying them publicly for your privacy. This last one is particularly common with boudoir photography, as the images are often sensitive.
So what about commercial usage? When you hire a photographer for commercial purposes, generally for advertising and marketing, you are only paying for the time and materials used in creating the images, not the images themselves. Whilst some photographers include commercial usage rights in their fee, many more calculate them separately. This is an important source of income for commercial photographers, as they can’t be shooting all the time.
The main factors involved in costing usage rights are:
The length of time the images will be displayed for. For an advertising campaign for example this may be 3-6 months, standard usage rights are often 2-3 years, and in some cases, are indefinite.
Where the images will be used, e.g. EU only, UK only, Worldwide etc.
What medium the images will be displayed in, is it print or digital? Will they be displayed in brochures or on billboards?
Are you willing to credit the photographer and display their name next to the images?
Are you purchasing the copyright? As stated earlier, in the UK, the photographer automatically owns the copyright to their images, but you can purchase this off them, often at a hefty fee.
Do you require exclusivity? When it comes to something like product photography, exclusivity is often assumed and included automatically, as these images are only usable for your business. However, if the images are more generic, the photographer may want to keep the agreement non-exclusive so they can later resell those images as part of their stock library.
Image licensing can seem like a minefield for many clients, especially if you’re unaware of the concept. It’s always bespoke, so make sure you discuss what usage you require up front with your photographer, as everyone handles it differently. However, the way these licences are priced are usually standardised by professional bodies such as The AOP (The Association of Photographers) and the BIPP (The British Institute of Professional Photographers,) so you don’t need to worry about being taken for a ride when it comes to cost.
Personally, I handle licensing differently depending on the project, the size of the business, and more importantly, where the images will be used. Usage rights will always be included in my general contracts, but for larger projects, I’ll discuss usage up front to make sure we’re both on the same page about the costs involved.
Got any more questions about licensing and usage? Got a project in mind and not sure how usage will affect your plans? Feel free to contact me and I’ll answer any and all questions I can!