I photograph hundreds of professional headshots and business portraits for companies in Akron, Cleveland, Pittsburgh, and Youngstown on a yearly basis. When the topic of commercial use licensing comes up, most are unaware of how important the subject is for their business. Today, I’ll try to provide some clarity.
To understand Commercial Use Licensing, we must first understand copyright.
When a photograph is taken, the photographer owns the rights to the photograph regardless of who paid for it. Period.
The client can display the image in a frame or hang it on a wall in their home or office, but they can not legally use the photograph for business or commercial use. Without commercial use rights, the client can’t legally reproduce the image or even print it on business cards, although this happens all the time.
In wedding photography, for instance, the client can’t enter their favorite picture into a contest without written permission from the photographer. The same is true in commercial photography. A business client can’t utilize any of the images for marketing or advertising without obtaining a Commercial Use License beforehand.
Without a Commercial Use License, images can’t be used on billboards, in magazines, or even on business social media pages. It’s extremely important to work with a photographer who provides you with the rights to use the images commercially.
A Commercial Use License Avoids Disputes
In 2021, a photographer sued a video game company for $12 Million for using her image in their game without having the right to do so.
There are hundreds of examples where companies have been sued for using copyrighted images without having commercial use rights.
An author simply can’t use a photographer’s image from a family portrait session on their book cover without having the right to do so. If you don’t get permission upfront, you’ll pay more to receive forgiveness in court after the fact. This is no different than a musician sampling someone else’s song without first purchasing the license to do so.
Getting a commercial use license avoids messy disputes down the road, whether your product gains success or not. By obtaining commercial rights, the photographer is paid a fair price for their work, creativity, and the ability to execute your vision and goals. You avoid paying a larger fee to license the image after the fact through the courts. It’s a win-win for everyone.
It’s not uncommon for amateur photographers to photograph images for people without providing usage rights. They sometimes just don’t know. The client assumes they can do whatever they want with the images… Later, the photographer sues the client for using their image for unintended purposes.
You can protect yourself from this scenario by working with a commercial photographer who provides Commercial Use Licensing upfront.
Commercial Use Licensing is worth it. That’s why all of my images include a commercial use license. I want my clients to have peace of mind when working with me. I get excited to see my work on billboards or the cover of magazines. That’s why we created the images in the first place, to help you gain success.
