I mentioned a few posts ago that I’d revisit the issue with copyright and what’s allowed by law.
As photographers as soon as we’ve taken a photograph, generally speaking we own the copyright to that image as it contain an expression of our artistic eye and as such we’re entitled to protect how that image is used, much the same way that a musician can expect protection of his music. This means that our images should not be reproduced without our permission. That included scanning our photographs, downloading images from the website or blog, even if no financial gain is made.
When I sell a CD of high resolution images I always grant “Personal Usage Rights” of the images but don’t generally release the copyright to the images.
What this means is that the client has been granted permission to make unlimited copies of any or all the images, but only for personal use, e.g. prints made for themselves, their friends, use in thank you cards, making their own albums, etc. Basically, any personal use. What they can’t do is sell them commercially, e.g. sell an image to OK or a Bridal magazine to use in an ad campaign without the photographers permission.
Photographers work very hard to create their images, and if they fully gave up their copyright, they wouldn’t be able to use those images in their sample albums, brochures, websites or even show to a prospective bride. If a photographer does agree to release their copyright, it’s usually at an additional fee as they’re giving up all rights to that image, how it’s used, and by whom.
99% of the time Personal Usage Rights are all that the client will ever need. And should the need arise that somehow the client does need the full copyright, most of the time that can be negotiated with the photographer.
Copyright Release and Personal Usage Rights…two different things.
Be sure you get a letter of some kind from your photographer that says you’re allowed to print from the disc. Some photo labs will check to see if in fact you do have permission, and a letter will satisfy them. The labs need to protect themselves in such matters. If they knowingly print copyright protected material…the civil and criminal penalties can be huge for them.
