© Spellbound Images by Wendy - All Rights Reserved
I've recently been questioned, and have had the discussion about copyrights, contracts, and release forms. I'm not going to go into a whole dissertation about copyright laws, but if you need to learn about them here is a good place to start: http://www.copyright.gov/title17/
I will however give you this advice (taken from the PPA): “The copyright act protects photographers by giving the author of the photographs (author = photographer), the exclusive right to reproduce those photographs. This includes the right to control the making of copies. It is illegal to copy, scan or reproduce these photographs elsewhere without the photographers permission, and violators of this Federal Law will be subject to its civil and criminal penalties.”
Now... some people just aren't aware that copying their photo's is unlawful. Some people don't realize that the photographer owns his or her photographs, and only the photographer has the rights to reproduce those photographs. Also, the photographer is the only one who has the right to distribute those photographs and to display them publicly or use them for marketing.
I've found that people actually get angry when they take their copy of digital media to a printer and the printer will not produce their images. Thankfully most printers know the copyright laws and abide by them. That is not to say you can not purchase a print release for personal use. However, as a client I wouldn't assume that this print release automatically comes with your media, and if you intend to have prints made, you should speak with your photographer about obtaining a release form to do so.
A print release gives clients permission to print their images for personal use only. That is to say you may not use them for advertisement, stock photography, or for sale or resale. Only your photographer has the rights to do so. If you have your photographs taken by a professional photographer and you need to make copies, please let them know... most photographers will try to accommodate you the best they can.
Here is a comparison... if you took your car to a mechanic to have the oil changed, would you then expect free oil every time you went back to that same mechanic? Nooo... things don't work that way! In the photographic world, every time you want more prints you have to order them from your photographer. Now you can certainly do your own oil changes rather than go back to the mechanic, but you still have to pay someone for the oil. Just as if you want to do your prints yourself... you have to pay someone (your photographer) for the release. Maybe a bad analogy but you get the picture (pun intended)!
Some exciting news for photographers... there is a new kid on the block! An image recovery service that scans millions of files every day to find out who is using your images on line without your permission. If they find someone using your images they expedite a settlement with the infringing site, and the photographer receives up to 75% of the recovery fee. Now isn't that the cats meow?? For a photographer who works hard at learning, capturing, and editing it sure is! If you're a photographer or artist and didn't get this news yet... check it out here: https://www.imagerights.com/service_recovery.php
As an artist or artistic photographer be sure to copyright your images (digital or otherwise). To take it one step further... meet with your local printers, and let them know you're in business, give them a card to keep on file, and be sure your signature or brand is on your images. My printer makes sure my business name and file number is on the back of every one of my images, however, I try to make sure my brand or signature is on the front of them.
I hope this helps new photographers and puzzled clients understand copyright laws.
Love, Laughs, and Photographs,
Wendy
