Photo Licensing 101 - The Basics Explained

The subject of licensing photography & copyright can be confusing. In this video we try to break down and explain some of the basics and cover some FAQs.

1:09 Why do I need to get permission from a photographer to use an image?
1:46 Photos are 'Intellectual Property'
4:53 Why would a photographer get paid more than once for the same image(s)?
6:16 We've never heard of a photographer asking for a paid license / Can I use any photo if it's on social media
7:37 My project or product is in the photo(s). Don't I have some built-in rights to use or distribute the image?
8:28 Why is the photographer asking questions about HOW I want to use the image?
9:52 If there's no watermark, photo credit, or mention of a photographer related to an image - am I in the clear to use it?
11:22 Are there any consequences to using a photo w/o permission from the photographer?
12:45 My personal editorial/opinion piece

My name is Matthew and I'm an architecture & interiors photographer based in Kansas City.

[davidjaslow]

It’s the Best Presentation on Copyright I have ever Seen!

[JohnnyColeMurdockMusic]

Where the argument falls short about bringing music licensing into the argument is quite different.

Here is the difference and right comparison. A musician goes into the recording studio pays for time to record the song, but the studio doesn't own the mater copy. Yet, you pay a photographer, and they own the master yet being paid up from. As a musician, you pay the studio up front and own the master recording

[Bennymigs]

Well stated. Would love a video on how to price the licensing of work.

[AlexMittsVOID]

This cleared up a lot of confusion for me as a voice actor. I always knew that rights affected us, but if you change out the word "photo" or "image" for "recording, " almost all of it applies straight across. Thanks so much for this.

[thefoodieflex]

As a food content creator, you've explained this so, so well! I usually create videos and do shots for my thumbnails, but now a brand is asking to use those shots as part of their in-store signage. I was confused about copyright and licensing till I encountered this particular video. HUGE THANKS!

[ferielo]

I can't even begin to express how much you have helped me during my journey in the interior photography world. I have learned so much from your tutorials, I absolutely love listening to you break down your thought process when shooting/editing. It's like I am getting to shadow a photographer, something I haven't been able to experience where I am. Truly, Thank you!!

[cnlicnli]

12:00 *Copyright Registration:* To receive the *FULLEST/STRONGEST* legal protection against non-Fair Use copyright infringers, your photographs MUST(!) be *“timely”* registered with the US Copyright Office, *either* BEFORE the infringement begins *or* registered WITHIN three-months of their “first-publication date” (typically the day you start selling/listing, licensing, sharing, or the day you deliver your images to a client or to stock or to make your images available for further distribution).

See the federal copyright statutes: 17 USC § 412 (Registration as prerequisite to certain remedies for infringement) + 17 USC § 504 (Remedies for infringement: Damages and profits) + 17 USC § 505 (Remedies for infringement: Costs and attorney’s fees).

If you miss those two window opportunities to register, you can ONLY pursue “actual damages” (typically the missed licensing fee you should have received, and that tends to be LOW vs. the infringement dollar amount) and the disgorgement of unlawful profits the infringer made (if any).

If you didn’t timely register, but your “actual damages" and/or infringer’s profits are SUBSTANTIAL and provable, like the infringer exploited your photographs in a pricey media buy, prominently displaying it in its advertising campaign, on a (Campbell) soup can, on apparel/merchandise, and in other commercial media, then your copyright infringement damages would be worth pursuing.

As a general rule, infringed photographs not timely registered are NOT enforceable for money damages, as any out-of-court settlement or trial verdict will NOT cover your attorney fees – making it un-economical to pursue copyright infringers.

[barbeehauzinger]

Amazing and perfect explanation of copyright. Thanks so much, I will be passing this along to my clients who have questions about copyright and image usage.

[JasperNebelsieck]

Great video, Matthew, well explained! Especially on social media nowadays people seem to have no understanding of copyright laws.

[stixet]

This is Wonderful, From now on, I will send this to my future clients. You have explained this perfectly. Because people don't know, doesn't give them a right to make you think you're wrong.

[christophermajor]

Great work Matt! This is so important and you really nailed it in a clear and understandable way!

[gavintron]

Every photographer should HAVE to watch this video. Mandatory viewing for anyone looking to make money off of their photography or videography work. This is essential education most folks just do not have. And, we all pay for it, for lack of a better word, because ignorance is driving all of our rates lower.

[CHODOSPHOTOS]

Thanks Matt - this keeps happening to me! A magazine keeps using my photos without permission. I’ll refer them to this video :)

[HeyLauryn]

This was so well explained. I'm considering putting together a handout to give to clients or potential clients and I think I might include a link to your video on this and copyright because you do such a fantastic job of explaining it because I plan to work with a lot of small businesses or artists who may have never hired a photographer for branding images before and these video feel way more approachable than me as the photographer trying to explain it to them when they have no base knowledge.

[VaseAmanito]

I don't know how to Thank You for all the info that you gathered and the way you presented about the photo Licensing!

[adventure_photo]

Excellent explanation! Saving this video to my favorites to share with clients! Well done!👍

[cnlicnli]

Matthew Anderson: *Real nice overview of photography licensing!*

[lightandlines]

LOVE the off script part at the end. I'm constantly asking "why are us as the photographers, always made out to be the asshole?"

[christhompsonphotography]

Great topics covered here and I'm glad to see this on the internet. :)

[josemanuelalorda]

Great video !! so informative and necessary to make clients understand the usage of our work. Thank you !! Kind regards, Jose