It depends!
In the last couple days, I’ve noticed a dispute on photo usage by a professional photographer who I follow online. I’ve seen similar stories play out online in photography groups in the past, but this recent one seemed like it had taken a sharp turn for the worse.
Oftentimes, customers are not aware that the photographer that took the photo owns the copyright to the photo unless otherwise specified in a mutual agreement. When a client purchases a digital photo from an event or portrait session, the client is typically purchasing a personal use license of the photo which is specified in the terms of a contract or by “agreeing to the terms” at the time of purchase.
Some photographers also take the extra step to register photos with the U.S. Copyright Office for additional protection in case of the circumstances above.
In general, personal usage is limited to personal social media or printing (again, for one’s own personal use).
Where these stories get a bit sticky is when a retail brand, wedding vendor, or other commercial usage comes into play. It might start with a wedding vendor asking the client to use wedding photos to promote a flower; cake; catering; or DJ business… However, the photos are not for the client to sell or even give away for commercial use. In this example, the vendor should contact the original photographer to inquire about using those photos. This could be a financial transaction or a mutually beneficial trade where a photographer may recommend a florist shop and the florist shop may make referrals to the photographer.
From a client perspective, this may all sound strange and confusing as to why you don’t “own your own photos”? I totally get it, but let me give you an example that may put things into perspective.
Let’s say that you purchase a copy of Microsoft Office in the year 2023. You don’t even get a “CD” with the program on it anymore. You probably don’t even have a CD player on your computer anymore – it just gets downloaded if it’s not already on your computer. However, to use MS Office, you must create an account and license the software to use. Of course, Microsoft has a large terms of service agreement that you “agree” to, but never read. Do you now “own” MS Office? Can you now give your copy away to other people to use? Can you take the source code, repackage it, and sell it to others for profit? No! You’ve in fact just licensed MS Office for a year or whatever term you purchased.
If the software example doesn’t make sense, imagine purchasing a typical consumer Netflix subscription. Instead of watching your favorite Netflix show in your home on your own TV, you give your Netflix login to others or maybe broadcast shows from your personal account at a local business and have a Netflix happy hour for patrons. Is this ok, or should you be purchasing a commercial use account from Netflix?
The bottom line is this: Photographers spend thousands or even tens of thousands of dollars on gear to take those awesome photos. They’ve put in hundreds or thousands of hours gaining the skills that allow them to capture that perfect shot. They pay for multiple software subscriptions to edit photos. They pay for workshops to increase their skillsets. They pay for insurance and lawyers to cover themselves legally. They pay for models to practice and rehearse photo sessions with. Misusing what was purchased is stealing.
