Say what now! There's different kinds of photo usage!!

June 05, 2019  •  Leave a Comment

I've notice in the Community there is a confusion on the rights of the photographer vs the rights of the cosplayer or subject.  

 

Typically when you hire a photographer, you book them and do a shoot. Well that is expected, at least. And in return,  you get some awesome photos.  Now the question is what are you rights with those photos. 

 

Copyright belongs with the photographer. Sorry, in the United States that is just the way it is. 
Peter Quill/ StarloadPeter Quill/ Starload
Why does this all matter?

Imagine you are an artist. You are hired to draw a picture. You have dedicated years to learn how to draw and hours upon hours to perfect your methods.  You've gone through a slew of paints and other supplies to learn your technique.  Now you need to buy the supplies to create what you have been hired to do.  You create the art and deliver it to your client. The client didn't tell you ahead of time that they were planning on sending your art to a printer and make many copies of it to sell to their customers. And they make a huge profit from selling copies of your art. But you only go the amount of money that was paid to create it. You would be bummed over it all especially since your name is not even attached to the piece of art you spent poured your heart and soul into. 

Well that's what paying for a license to sell an image is. It is some form of compensation beyond the initial personal use commision.

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What is personal use license?

A personal use license is just what it sounds like. It is a license to use for yourself. Many photographers don't mind you posting to your social media page as long as you tag them as the photographer.  That is important! It spreads word of mouth for the photographer's work. Seriously don't try to keep your photographer to your self as your own personal goldmine. You will lose your photographer that way because they will go out of business.  

Personal use includes social media posts, personal printing (if you are given that ability and right) and other things. That is up to the photographer to let you know what he/she/they think personal use is. 

What if I want to sell prints or use it to make a profit?

Well, first of all ask your photographer about it. Depends on each photographer if they would charge you for selling rights or not. This price is usually per image. These rights include printing them to make a profit. Asking politely will take you a long way. Most photographers like being treated as the artist that they are not just a button pusher.  We ARE NOT button pushers!!! Don't be that person.

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What if my photo was taken in the hallway at a con?

Now when you get your photo taken in the hallway at a con, at a cosplay meet, or similar situations, there is an understanding that you are in a public space. The copyright still belongs to the photographer. You are not permitted to sell prints or even print unless the photographer states otherwise. Sometimes just asking is all you need to do. But most of the time, the photographer will request compensation to give the right to print and /or sell the prints. 

If someone takes your photo in the hallway, ask them for their card. Be polite. Polite is the key here folks. Always be polite we are people too. 

What if I paid for the shoot, don't I own the copyright to do as I please with the photos afterwards?

The quick answer is no. You do not own the copyright unless the photographer signs it away to you. Typically, you only own personal use rights. Full copyright will remain with the photographer unless signed away. This also means that you cannot reedit the photos that you are given unless, once again, the photographer signs that right away. 

I don't know if you are getting this recurring theme here. you know the one where the photographer needs to sign away rights to you. 

Well, that's all I have to say about this subject for now. It was dwelling on my mind all day, I thought I'd share. 

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Now if you are interested in being a legend by getting a photoshoot with Fabled Imagery. Visit our booking page here. This page will show our upcoming conventions and basic services. 

 

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