What is Copyright and Print Release?
Print Release and Copyright are two terms I hear synonymously in conversation with my customers and other photographers. The truth is, these two terms are EXTREMELY different from each other, so I wanted to define these two terms and maybe clear up some of the confusion around them.
Print Release:
The Professional Photographers of America (PPA) define a print release as:
“…a document that allows your client to make other prints, including on various material(s) of the images they have received from you, the photographer. However, one key thing to keep in mind is that a print release is specifically geared to personal usage. This means that the images can be used on social media, on canvases and t-shirts and to a certain extent be shared with family.”
The most important take away from that definition is that the customer can enjoy their images for personal use after signing a print release document. This also means that the customer may not:
“…edit the image, make a derivative of the image, claim the work as their own, and most importantly cannot use the image for commercial gain.”
These actions require copyright permission.
What is Copyright?:
The PPA define copyright as:
“…the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something (such as literary, musical, or artistic work). This includes photographs.”
Copyright laws give the copyright to the creator of the “literary, musical, or artistic work”. Within the context of photography, this means whoever presses the shutter on a camera automatically claims the copyright to whatever image was created. As a photographer I reserve my copyright to the images I produce, publish, sell, and distribute unless the consumer of those images were to sign a copyright release form.
This is commonly misunderstood in portrait photography because one would think if you are buying an image of yourself you would own the copyright. Copyright laws have been put in place to protect the creators of any media as there are also laws to protect the consumers and subjects of these medias.
When you hire a photographer,
“[y]ou are paying for the photographer's professional use of their time. Even after you purchase an image or package from the photographer, you have only purchased that set of images. Not the ability to reprint, make copies, distribute (via invitations, Christmas cards, etc.), or post on social media.”
Make sure to ask your photographer if you have any questions about copyright and print release. Every photographer has the potential to navigate print release and the copyright restrictions uniquely. I personally always invite questions from my customers regarding their rights with their images. It is important to me that we are on the same page.
How Do I Navigate Print Release and Copyright in my Business?
Copyright:
As a portrait photographer, I do not sell the copyright from my images to the customer. This is more common in product photography or other fields that you create photographs for another business. This allows them to use the images you create for their financial benefit. Copyright release and negotiations are EXPENSIVE! If an artist is going to release their copyright they should always make sure they are getting compensated appropriately and proportionately to the revenue their art creates for their customer.
As we read above, the copyright to an image technically restricts customers from “distribut[ing] or post[ing] on social media.” These are very common reasons for individuals to purchase photography and is an area that can be a little awkward to communicate. It is best to talk with the photographer you are working with to know how they would like to navigate this part of the copyright. Personally, I always invite my customers to share the work they receive from me with a photo credit. Listing me as the creator of that image is similar to citing someone when you quote them.
It gives credit to the creator and allows you to share something while keeping that copyright enforced!🎉
Keeping copyright in mind, it is best to communicate your need for Christmas Cards, Save-the-Dates, Senior Announcements, and other forms of “distribution” with your photographer so you can learn how they can service you through that need.
I personally offer all products for “distribution” through my online galleries, and invite everyone to take advantage of the professional print shop that is available to them when they purchase a service with me.
Print Release:
I do allow my customers to sign a print release form. This form allows you to print the images you receive from your session for personal uses. This can include photographic and other prints to hang in your house and/or sharing of images on social media with proper credit. I love it when customers send me photos and videos of images from their session hanging in their homes! With this print release, you may use other print shops to enjoy your images, and I always invite my customers to use the print options in their gallery to guarantee the print quality of the professional images they receive from their session!
References
The Professional Photographers of America is a great resource if you have any more questions about your rights as a photographer or customer. Here are the two links I referenced for the information in this blog!
https://www.ppa.com/articles/ppa-contract-templates-what-exactly-is-a-print-release