UPDATE: September 6, 2015
I am so grateful for everyone stopping by my blog to read about some of the differences between copyright release and print release. The response over the last few years to this article has been overwhelming, and I’m happy to have encouraged the dialogue between photographers and client. I have also learned a few things with experience. First, the confusion certainly still exists. I truly believe that in the wedding industry, certain forums, magazines and blogs have encouraged the practice of brides asking for copyright release. (And in 99.99% of these cases, a copyright release is not what they need – rather they require a personal usage/print release.) Secondly, it is truly important for photographers to have their releases and contracts drafted by a lawyer with expertise in their home state. I’ve had many requests from readers for my own contract and release, which I am not at liberty to share. (I paid a professional to create the release; by giving it away, wouldn’t I essentially be doing what a photographer does not want their clients to do?)
My studio’s policies have also changed since I originally wrote the article below, but the main premises are still in effect. As my studio is now primarily dealing in physical prints and products, the role of a digital negative or image has changed significantly. If anything, each final digital negative is now more precious to the heart of my craft than ever before. I do my best to educate my clients about my process and pride myself in providing a complete service with every portrait session and wedding I capture.
I still look forward to responding to emails and messages about this topic, but most of the time, my response will contain this sage bit of advice:
Please consult with an attorney or lawyer who specializes in small business law in your area.
Please, be smart and properly protect yourself and your clients. Thank you again for reading! – Angela
Original Article:
Print Release, Copyright Release – What do I need?
I know that this topic has been beaten to death throughout the photographic industry, but bear with me. I would not be doing my due diligence if I didn’t try to educate my clients on the differences between copyright and print release.
The most often question I get asked when meeting with a new client or receiving an inquiry: “Do I get the copyright to my images?” (or a variation on that question.) Usually, this is simply a misunderstanding on the part of the client as to what “copyright” truly entails. Unfortunately, the general public has been conditioned to ask for a copyright release when they actually mean print release. And it doesn’t help that many new and even established professional photographers commonly make the mistake of using the term “copyright release” in their contracts or release forms. I admit…it was a mistake I made in my early days, but now I understand each fully, and will share a little bit of that today.
So, what’s the difference? Well, let me start off by saying each of my photographic images are a piece of art I have created. Yes, the client is the subject of the piece, but I’ve spent years perfecting my art, and hours on the client’s personal images. (Sometimes days!) Custom portraiture is much more than pressing a shutter button and hearing the camera “click”. My time, heart, and passion go into every capture. As such, I do not sell copyrights to the art I have so painstakingly created. Think about the painter who is commissioned to paint a portrait…yes, the portrait hangs in the home of the client, but that painting is signed by the artist, never altered, and always will reflect the unique style of the artist. Photography is no different…only in the medium used to create the unique portrait. It’s true – no two portraits are exactly alike, even with photographic portraits.
Anyway, I’m getting sidetracked. I can’t help it – I’m passionate. In a nutshell, a copyright release transfers total ownership of an image from the photographer-artist to the assignee (in most cases, the client.) Once ownership has been transferred away from the photographer, not only do I lose control over where and how it is used and displayed, but I can no longer use the image(s) in my portfolio, including on the website, blog, etc. Distributing copyright release is senseless for most photographers, who want to share their images (I always do so with permission, out of respect for my clients). Photographs were intended to be seen in their intended glory!
A print release will cover nearly any imaginable client need, and allows the photographer – me – to preserve my art as it was intended. Protecting the integrity of my work and creative process is very important to me, and photographers in general. A print release allows the client to print the images for personal use (such as display in your home, scrapbooking, etc) and even share online in places such as Facebook and personal blogs. Print your photos as many times as you like (though I cannot guarantee results if you use a consumer photo lab). As long as the printed images are for your own use, no problem! What a print release does not allow: editing the image in any way, selling the image, using the image without permission from the photographer in marketing/contests/commercial work, etc. (For the full text of my print release, please refer to your portrait agreement or contact me directly.) You hired me for the style of my images, so it is important that they are not altered in any way. A print release gives the client exactly what they need and want – the ability to enjoy their finished portraits for a lifetime!
Allow me to share a little story from this past fall:
I was contacted by a couple for their engagement portraits. They had a venue in mind, and at my urging, contacted the venue to inquire as to any restrictions. Well, there was just one, but it was a big one. The venue required that I turn over all images captured on their premises with full copyright release. This lovely couple didn’t have a problem with that, until I informed them that if I turned over copyright to the venue, I could no longer provide their images to them, which is a bit of a problem. If I were to do so, the venue could prosecute me. Copyright infringement is not a matter to be taken lightly. If you want some examples, just Google “image theft” and look at some recent incidents. The venue could have turned around and sold the couple’s images, including selling them to the couple, and with no guarantee of what those images would look like. The venue wanted to profit off my hard work, and essentially exploit the couple who fell in love with the location. I counter-offered a limited commercial print and media release, which the venue declined. Needless to say, we did not shoot their session there, nor will I work with that venue in the future.
For every session and project, I ask my client(s) to sign a model release, out of my respect for them and their privacy. Sometimes, a client is not OK with me sharing their images online in my web portfolio or on the blog, Facebook, etc., and that is no problem. I don’t mind if you prefer that I don’t post your images. Sometimes, a family member may have a security clearance, or works in a sensitive position. I understand! But, this is the minority of my clientele. I’m happy to accommodate any requests, but 99% of my clients are excited to see their images used on the blog or my site. And I’m always excited to share your session! In return, I only ask that my clients honor my print release terms. When we’re all happy – well….we’re all happy! In the event that a client needs an image for a special use, I encourage them to let me know and we will work together on getting them exactly what they need. (I recently had a client who needed an edit of an image from their family session with release to be used on a major TV network website. I was happy to oblige!)
As a reward for bearing with me throughout this long-winded missive, I thank you with a few peeks at a recent project. I will share more from the mother-daughter project, with a little more detail on my inspiration, tomorrow. But for now, enjoy these beautiful images of Jessica and Clara. I want to extend my deepest thanks for their participation in this project that is near to my heart!
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LOVE this post! If you’d be interested in guest blogging for me on this topic in my “first year in business” series, I would love to have you! 🙂
Of course! I’ll send you an email in a moment. Thanks for stopping by, Ashley!!
Super cute session 🙂 So great to educate clients on copyright vs print. I should probably do that myself on the blog
Great Blog post that helps clients to understand that what you do is Art and as the artist you own the copyrights to the Art that you create. I think your example was really helpful to highlight the important difference from not only your perspective but how it can affect the client. Great Information.
Love this post and your images are gorgeous! The light was so delicious too!
Hi! I am starting my own little photography business and was wondering if you could email me a copy of the print release given to your clients. I am currently creating my own print release form and want to make sure I dont forget to include crucial information. 🙂 Thank you!
Thank you so much!
Hi, Erin. Thank you for your comment. Actually, I do not share my print release, because it is something that you should really review with your attorney. If you have any questions about releases, contracts, etc., you should always consult with a qualified law professional. You may wish to consider joining an association like PPA. They have lots of very helpful resources! If you do find a standard release online, or from another photographer, I would still consult with an attorney to ensure that it protects YOUR individual business and rights. Great question, though!
Thank you, I will!
Hello, I recently have had some problems with getting my wedding photos from my photographer. Comes out she was very upset at our wedding because at our wedding we displayed her photos with some light re-edits mostly for cropping and lighting (to bring some photos more detail). Many were Blown out! Not to mention I did this at a reputable photo lab that wasn’t going to print the images that were so blown out and not really re-touched a lot. (meaning there were lots of flyaways etc.) Anyhow, my photographer took out her frustrations out at our wedding and didn’t hardly take any traditional photos including ones with me and my mom or dad etc. and more. She is now saying that we disrespected her contract even though in our contract on page one it states: Full Wedding day Package includes Engagement, Bridal, and Wedding Day coverage with copyright release.
On our CD she had a print release but our Contract does state in Black ink, Copyright release.
I am seeking help from other photographers who are experienced who actually know what copyright release actually means.
My Sister in Law is a photographer and works for a very reputable print lab who also views copyright release the way you do.
Any suggestions as to what to do. I have not received my photos its been six months, I know I am going to be unhappy with final product due to her taking out her frustrations out on us at our wedding.
Jamie, I am very sorry to hear of your experience, and as much as I want to say…I won’t. It’s not my place to pass judgment on anyone in the situation. I will say that no matter what, I would never recommend that a client/bride/groom attempt to re-edit images without the permission of the photographer. Most photographers would appreciate the feedback if a client was unhappy with the result. I know that communicating disappointment to your photo professional can be difficult, but in the end, clear and timely communication will always benefit everyone.
Now, the best advice I can give you is to seek out an attorney or attempt mediation. I know you just want your memories, and that would be the best way. Best of luck!
I have a question about a watermark.
I recently tried a new photographer (one I found on Facebook,first BIG mistake) inquired about combining 2nd birthday with Valentine’s Day. The photographer agreed but said that the service fee would be more expensive since we were combining both for the hour session. When I arrived, there were no props or anything signifying 2years old or Valentine’s Day! My daughter was a little hesitant, the photographer handed her a minnie mouse, which satisfied her and she started shooting photos. My daughter is a ham in front a camera, loves it! The photographer never changed her position. The session lasted 35 minutes, that’s including changing my girl into her tu-tu. I was never given a print release form and never asked to sign anything (which I had been asked to sign copyright forms in the past with other photographers). Later that evening I get a message on Facebook saying there’s a sneek-peek on my page, I was so excited and my daughter is so precious that I just loved them, even the ones with Minnie Mouse tuned upside down (why could n’t that have been edited out?) Now I’m battling with the photographer to get the watermark removed from the photos, which she will not do. I understand the reasoning for it, to advertise.
Is removing the watermark so I can hang these pictures up
always a problem?
Kendra, thanks for the question!
In short, YES removing the watermark any time is a problem, and if you edit the image to remove or crop out the watermark, you are opening yourself up to a LOT of legal trouble. The watermark is there for more than advertising. It protects a photographer’s works, and also ensures that they are properly compensated for their time and work. Often, digital image files and prints are “extra”, or not included in the session fee. If you do not have a print release, you have no entitlement to those images, including printing them to hang up in your home.
It seems, in my opinion, there are some other issues going on here. You should ALWAYS have a contract with your photographer, to protect you and the photographer. The contract should always clearly state what is included for the fee paid, method and timing of delivery, payment policies, etc. Unfortunately, this is a hard (and expensive) lesson to have learned. When looking for a photographer, I always recommend that you ask your friends who they’ve used. Good word of mouth is the best way to find someone you can trust! So sorry that this was your experience!
best,
Angela
Thank you so much for taking the time to type this blog and clear this up for me! I often wondered the difference between copyright release and print release. Now I know the difference! Once again… Thank you so much! Be blessed!
-Andrae
You are so welcome! I’m sure a lawyer could clear it up even further, but in terms of what we need to know as photographers, and what the client needs to know – I think (hope) I covered it!
This was the only helpful article on the internet! Thank you so much for taking time to explain this. A quick questions, lets say I get my pictures taken and I receive no paperwork, contract or form. And lets say I want to make posters or calenders to sell…can it done?
Thanks for the question, Liz! Generally, you cannot even reproduce the images for PERSONAL use without a written release. To reproduce or resell for any reason, you will need a special commercial print release, and to do so without explicit permission from the photographer can open you up to big problems! Commercial print release typically costs quite a deal more than a personal print release. To reproduce for ANY reason without written release is a huge risk, and you can find yourself in court, but especially for commercial applications – you could end up owing thousands and thousands of dollars to the owner/photographer! Don’t do it! (Also, many photographers are registering all of their photos with the US Copyright Office these days!)
Hello, I am looking for a wedding photographer who will offer a full copyright release. I understand the legal aspect of the above statement. Does anyone know a professional photographer who will offer a full copyright release?
Thanks for your comment, Moe! Some photographers may offer a full copyright option, but be prepared to pay a substantial amount to purchase those rights! In many cases, wedding rates will double, triple, or even quadruple to allow for acquisition of full copyright privilege.
Hi, so you get a model release signed from the customer, and then provide them with a print release?