Photography Copyright - What's the big deal?
Whether you’re using a professional photographer, Creating the photographs yourself or using stock images, especially regarding commercial usage, you need to understand a few fundamental principles about photography copyright.
The first important thing to remember is the person who creates the image; in my case, a photographer will generally be the copyright owner.
Why do we have copyright law?
Copyright is the legal right to control how your work is used. It ensures everyone is fairly compensated for their effort and protects work from being copied or used without permission, giving creators the confidence that their original work is valued and safeguarded—especially if this is how they make their living.
How does this work?
In the UK, Copyright is automatic. When I create photographs for my clients, I still own the Copyright, and my clients are licensed to use those photographs as agreed.
As the copyright owner, anyone other than me will need my permission (licence) to use the pictures. You don’t need to see a copyright notice symbol (©) on it to know it’s protected. (It’s automatic, remember).
There are some circumstances whereby the person pressing the button doesn’t necessarily own the Copyright; these are typically related to an employee taking photos on behalf of their employer. For example, an employed estate agent takes property photos on behalf of the business.
It’s different when you commission me as a photographer. I’m not an employee of your business, so I still have Copyright to the photographs I take.
But how can I use the photographs in my business if I don't own them?
Well, it’s because the photographer should be giving you a commercial license to use the photographs for your brand.
The licence should map out what permissions you’ve been granted and how you can use the images.
However, not all licenses (and photographers, for that matter) are equal, so it’s essential to understand what you can and can’t do and check that the photographer understands, too!
While there are some exceptions, I usually grant a licence that stipulates you can do whatever you want with the pictures. You can copy, distribute, print, and even manipulate the photos for online or print usage. So you’re covered.
So even though you now know that if you’ve hired a photographer, you don’t own the Photography Copyright (in most cases), it’s still worth asking your photographer the question. ⬇
"Do I get the photography copyright"?
The answer should be “No”, and the caveat is you will be licensed to use them according to the job.
However, (while there are exceptions) if they say “yes,” you get the Copyright. Then, more research should be done on the photographer because this could indicate a lack of experience or knowledge of the subject.
If they say yes, they’re essentially giving up all rights to their work and would have to ask you permission to use the photos in their portfolio!
That’s probably different from the photographer you want for your brand.
Licensing of images
The other thing to check is what permissions the licence grants. For example:
- Restrictions may state that you can use the images online but not in print.
- Details of how you can distribute the images but are not allowed to manipulate the photos, such as adding filters or cutting the images out in something like Canva or other editing tools.
- It may state that the photos can only be used non-commercially. This is pretty pointless for a business photo shoot, but I have heard of it happening. Imagine the business paying for a photo shoot; they don’t have permission to use the images!
The point is to check with the photographer what the licence stipulates you can use the images for.
Copyright and Using Images You Find Online
Let’s discuss something important—Copyright and using other people’s images.
This is a big deal in photography and creative work in general. Just because something is floating around the internet does not mean it’s fair game for you to use!
You should ALWAYS assume that any image you see is copyrighted. And while there are some exceptions, like when an image is explicitly marked as copyright-free or in the public domain, it’s rare—so always double check!
Picture Libraries and Stock Photos
I’ve covered Stock Photography in another blog in more detail, but in summary, If you’ve browsed sites like Shutterstock or Getty Images, you’ve probably seen how stock photo libraries work. These sites either own the Copyright or act as a go-between for creators. “Buying” images from these sites come with a licence.
But remember to read the small print of their usage; there still might be restrictions on how you use them. Breaking those rules could lead to legal trouble, even if you paid for the licence.
What About Old or 'Orphaned' Images?
Copyright doesn’t last forever, but it’s not as simple as “This image is old so that I can use it.” In most cases, Copyright lasts the creator’s lifetime plus 70 years. Even after that, the rights might pass to their estate or get covered by other rules.
If you can’t figure out who owns an image, it’s tempting to think you can use it—but don’t. If you’ve genuinely tried to track down the owner and failed, you could apply for an orphan works licence from the UK (IPO) Intellectual Property Office.
Why Does This All Matter?
It’s easy to think, “I’m just using this for my small business or blog—no one will notice.“ But the truth is, someone probably will. Images are someone’s property, and it’s up to them to decide who gets to use them and how.
Why would you want to use someone else’s photograph if you’re building a unique brand? It’s not unique if it comes from somewhere else or isn’t genuine to you.
Best advice:
If you didn’t take the photo, commission a photographer or use a reputable stock library (although you may want to read this article first). Please don’t use it without checking the Copyright or usage rights.
Respect other people’s work, just like you’d want them to respect yours.
Privacy trumps Copyright!
Something else worth mentioning!
Even though someone may own the Copyright of an image, privacy law may still override the use of those photographs.
For example, I’ve been commissioned several times to take photographs for an award ceremony involving a Royal Family member. So, while I own the copyright to those images, there was a privacy request from Buckingham Palace that I could only use the photographs once approved – True story!
If I had released any images without their permission, I would have breached their privacy, and it would have been a trip to the Tower!
Off with his head!
Joking aside, the subject of privacy is worthy of a separate blog post in the future.
It's happened to me!
I’ve been the victim of copyright theft.
I’ve discovered several photographs used on other websites without my permission, some in different countries!
and while I was able to get those resolved, it happens all the time with plenty of other stories of photographers who have seen their images being used commercially without their permission
Including very high-profile cases and big businesses that should know better!
Anyway, The advice stands.
- Make sure your photographer understands what Copyright means
- Make sure it’s clear what you can and can’t do with photographs taken by your photographer (Check you are licenced to use them the way you want to use them)
- Only download images from the web if you know the source, have permission from the copyright owner or have the license to use them.
and working with me?
In its simplest terms, unless specified otherwise, I have the photography copyright and will usually have the freedom to use the content I’ve created for you—a complete and perpetual worldwide commercial (and/or personal) usage licence—copy, Modify, Print, Distribute, Edit, and Repurpose with no restrictions.
And enjoy your visual content!
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