Cornish Pixels Stock Photos Licensing details

What does image licensing mean?

Photo licensing is the legal agreement between a photographer or the copyright owner and a licensee that grants permission for the licensee to use an image for a specific purpose, a time period, and within certain parameters. In other words,it is the process by which the photographer or copyright owner allows someone else to use their image while retaining the ownership and control of their intellectual property. The license outlines the terms and conditions of the use, which can include things like the duration of the license, the specific ways the image can be used, the geographic location of use, and the compensation to be paid to the copyright owner.

Exclusive use is a license where the photographer agrees to grant the purchaser the exclusive right to use the image for a specific period, meaning no one else can use or license the picture during that time.

What you absolutely can’t do

The restrictions on who can’t use the images is perhaps the most important factor for us as it enables us to protect our copyright of our images and earn a living.

In basic terms, the licensee is not able to pass on – and most definitely is not able to sell – the image to any third party that is not working solely on behalf of the licensee OR to anyone who may be using the images to promote themselves and/or make financial gain from using the images. This is a breach of the licensing terms and therefore a breach of our copyright.

If you – as our client – want to pass the images on to a third party and are unsure if you can, just ask – we can always clarify the situation for you. Just bear in mind, it can be very embarrassing if you pass on an image without our knowledge or permission and we then pursue the third party – who might be your valued customer – for breach of copyright.

Like most photographers we do not give away or sell the copyright to any of our images, instead we license our images for use – a process that allows our clients to legally use our photographs.

A license is supplied with every (set) of photographs – whether they have been commissioned by a client or bought from our stock photography collection.

What can you expect from yourImage Use License when you ‘buy’ an image from us

Remember each license is specific to each client but usually you will:

·      Be told where and how you can use the image – so on your website, social media, e-shots, print etc;

·      How long you can use the image for;

·      Who can use the image;

·      If there are any geographical restrictions.

As ever, we’re happy to explain all of this if you’re unsure.

What our photography clients can expect

For clients who’ve commissioned us to take photos of their product, processes,premises or people, our licensing terms are quite generous.

We rarely impose any time restrictions on the use of the images and are well aware that they may be used not just on a website, but also in e-shots, social and printed media – and we’re happy to supply a license that covers all uses.

The only real restriction is that if the images are to be used in an international billboard/print campaign, when an additional charge may be made.

What happens if a third party is using the images

We also understand that our client may employ a third party to make use of the images (for examples a design agency) and conversely our client may actually be working on behalf or a third party.

To cover this, a standard license usually states that the images can be used by the client OR any third party working on their behalf to promote their business. We find this safely covers all the bases and ensures our client gets the most use out of the images and service they have paid for.

What happens if you buy one of our stock images

Clients buying one of our stock images will find they are limited to using the image only for the purpose it has been bought for – usually for their website or a promotional campaign.

In this case, who we license the image to is more limited and usually only covers the client and, if necessary the printer or design agency putting the license to use.

We usually call this type of license a “single use license’ and while it usually has very few limits on the amount of time it can be used, how it can be used is limited to the purpose for which it was bought.

Dealing with copyright

Here in the UK,the copyright of a photograph is automatically assigned, in law, to the photographer as soon as the shutter has clicked – there is no paperwork to complete and no public claim to the image needs to be made.

Why we maintain control over our images

For us, copyright is not an ‘artistic choice’ it is a point of law that allows us to protect our work and maintain control over the re-production of any of our images – and we need this control because:

·      Our images are our income – by selling them we make a living and pay the bills;

·      If we have taken photos on behalf of a client, we can reassure them that, because we monitor and protect our copyright, the images they have paid us for won’t be used by a third party;

·      We can control the quality of the reproduction of our images – a poor copy could be damaging to our reputation;

·      We can retain control over who is using our images and what they are using them for. This not only protects our reputation but also ensures that any of our clients who have either paid us to take images for them OR paid us for use of a particular picture, do not find ‘their’ image appearing either on a competitor’s website or associated with a brand or cause they do not want to be associated with.

Breaching copyright

When any of our(or any photographer’s, pro or amateur) images are used without permission there has been a breach of copyright – even if no financial gain is made by the person using the image.

It is the users responsibility to find out who owns the image and ask permission (and often pay a fee) to use the image BEFORE using it.

Unfortunately, the vast amount of photos available on the internet has given the impression that if a photo is on the internet, it’s there to be taken and used. It’s not – and making that assumption can be both embarrassing and costly, as the law allows for the owner of the copyright to make a (fair and reasonable) charge for the use of the image.

Why “I didn’t know” isn’t an excuse

If you are a business owner and a copyright image appears on your website or any other type of promotional material, you are considered to be the publisher and are therefore responsible for the presence of that image even if someone else outside your company – for example a web design agency, an ex-member of staff, a temp or intern – put the image there.

Selling – or buying –copyright

If you have commissioned a photographer to take photographs for you, regardless of what you’re being told, you don’t NEED to buy copyright.While some photographers will sell the copyright to an image – sometimes called a ‘full buyout’ – this isn’t something we usually do. We – and most photographers – license our images for use instead. Buying copyright is an expensive – and often unnecessary – option and we believe that because of our generous licensing terms it’s not a choice our clients have to make.

If you don’t have permission?

Unfortunately it’s not uncommon for us to find our images in use without our permission.

Thank you

Creative Regards

Mark Ashbee Cornish Pixels