You paid for the session. You received the gallery. Can you print the photos at any store, post them on your business website, or hand them to a magazine?
The answer depends on two separate things: who owns the copyright and what license the photographer gives you. Many people mix these up. This guide explains both, so you know what to ask before you book a photographer in British Columbia.
This is general information and not legal advice. For a large commercial job, ask a lawyer to read the agreement.
Copyright and the files are different things
Copyright is the legal right to copy and share a photo. Under Canada’s Copyright Act, the photographer is the author of the photo. The photographer is also the first owner of the copyright unless a written agreement says otherwise. An employee who takes photos as part of a job is the usual exception. In that case the employer often owns the work.
When you receive digital files, you receive copies. You do not receive the copyright. The photographer still owns it, and the photographer gives you permission to use the photos in set ways. That permission is a license.
Most photographers keep the copyright and license you the photos. A few sell the copyright outright. The difference shows up in the contract and in the price.
Common types of license
Photographers name these differently, so read the wording in your contract. Four types come up most often.
Personal use. You may share the photos with family and friends, post them on your own social media, and display them at home. You may not sell them or use them to promote a business.
Print release. You may print the photos yourself at a lab or store of your choice. Without a print release, a photographer may ask you to buy prints from them. A print release often comes with a personal use license, but not always. Ask.
Commercial license. You may use the photos to promote a business. A license like this usually lists where the photos can appear, such as your website, social media, brochures, or ads. It may also set a time limit, a region, or a cap on print runs.
Copyright transfer. The photographer signs over the copyright to you. This is sometimes called a buyout. It costs more than a license, and many photographers do not offer it. If you want one, ask before you book and get the transfer in writing.
What this means for different shoots
Family, newborn, and wedding photos. Personal use and a print release cover most needs. Check whether the license lets you share the photos online and whether the photographer asks for a photo credit. If you plan to use the photos for a guest book, a photo book, or a canvas, confirm the print release covers it. Our guide to what to wear for family photos in British Columbia helps with planning the session itself.
Headshots. A headshot for LinkedIn, a company site, or a business card is business use. Ask whether the license covers those uses. Ask whether it covers a conference program or a press release as well. The headshot preparation guide covers what to bring and what to expect on the day.
Real estate. Many sales involve more than one party. The listing agent, the seller, and the brokerage may all want to use the photos. Ask who the license covers and how long the photos can stay online. Ask whether the license covers print flyers and social media ads, not only the listing.
Products and advertising. Commercial work often has a detailed license. Check the media, the territory, and the length of time. If you may run an ad for longer than the license allows, negotiate that now.
Editing, cropping, and filters
Some photographers do not want their photos cropped, edited, or covered with a filter. A crop can cut off the edge of a carefully composed shot. A filter can change skin tones the photographer worked to match.
Ask whether you may edit the photos. If the answer is no, ask whether a small crop for a social media profile is fine. Many photographers allow a crop but not a filter.
Raw files and extra images
Most photographers deliver edited images only. They do not hand over raw files, which are unedited camera data. A photographer’s style comes from both the shot and the edit, so many treat raw files as unfinished work. If you need them, ask before you sign. Expect an added fee.
Also ask how many images you will receive and in what size. A web-size file looks fine on a phone but can print poorly. Ask for a high-resolution version if you plan to print large.
How the photographer can use your photos
The license also runs the other way. Many photographers use client photos in a portfolio, on social media, on a website, or in ads. Look for a clause that says so. This is often called a model release.
If you do not want your face online, say so before the session. This matters most for photos of children and for private events. Ask for an opt-out clause or a limit on where the photos appear. Many photographers agree to a limit. Some charge more for a shoot with no public use.
Questions to ask before you book
- Do I get a personal use license, a commercial license, or the copyright?
- Does the price include a print release?
- Can I use the photos for my business, and where?
- How long does the license last?
- May I edit or crop the photos?
- Do you give raw files, and at what cost?
- Do you plan to share my photos publicly, and can I opt out?
- What happens if someone else uses the photos without permission?
Write the answers into the contract. A verbal promise is hard to prove later. The photography contract checklist lists the other clauses to read before you sign, including deposits, cancellations, and delivery dates.
If you are still choosing between photographers, add license terms to your comparison. Two quotes that look equal can differ a lot once you see what each one lets you do with the photos. Our guide on how to choose a photographer in British Columbia shows how to compare quotes side by side.
If a photographer’s terms do not fit your plans
Ask for a change. Photographers adjust licenses often, and a short email can settle it. Expect a different price for a wider license. A business that needs photos for ads for three years pays for different rights than a family that wants holiday cards.
If the photographer refuses and you need the rights, choose another photographer. Do not assume you can use the photos and sort it out later. Using a photo outside the license can lead to a demand for payment or a request to take it down.
Keep looking around
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