Myths about copyright of images

When someone enquires about Wedding Photography, we get asked often “Can we have a copy of the images with the copyright?”

The answer is “yes” – to the digital copy of the images.    But “no” to the copyright. 

Here’s why….

The vast majority of professional photographers will never give the copyright with the images.  Under the Design and Patents Act 1988, the photographer owns the copyright from the moment the image is created.  

But don’t let this worry you too much.  Most photographers (and ColourStone Photography included) will provide you with a licence which allows you to print the images for personal use.

So why does the copyright remain with the photographer?  Well, imagine a marketing company is looking for a particular wedding shot, with particular lighting and background, and a specific “look” about the bride and groom – and your photographer has just taken that very photograph of you at your wedding.  The marketing company may offer a large sum of money for that very image.  Professional photographers earn their living by taking good photographs.  They have learned their art through hours and hours of training and practice.  When you hire a photographer, you pay for their creativity, their understanding of light and form and their ability to capture emotion. 

That marketing company needs to pay the photographer for that perfect image they have been looking for, if they want it.

So what about social media sites?  Your photographer has given you a DVD of images for printing for personal use.  You can upload them to Facebook too right?

Well, actually strictly speaking no – unless the licence you have been given specifies this.   Whilst most photographers do not currently get too stressed about this – although they really should - Facebook’s rules state that by uploading an image to Facebook the user allows Facebook to use that image in any way they wish.  So, your images could end up on sites you really don’t want them to, they can be altered, cropped and distributed freely and you will have no rights when you ask them not to.   Imagine your son or daughter’s image suddenly appearing on a Facebook advertisement without your permission. 

So, what do we do to ensure you can use your images in a safe way and get the prints you want?

With our wedding packages you may receive two sets of your wedding images.  One set, suitable for uploading to social media sites such as Facebook, will include a light watermark with the copyright information shown.  See this Facebook cover image for an example.  

The second set will be suitable for printing and will not include the watermark.  You will be given a licence stating you can use the watermarked images on social media sites and the un-watermarked images for printing, for personal use.

So, when booking your wedding photographer remember …

1.     If you are using a professional photographer, the copyright will almost always remain with the photographer.  If your photographer tells you that you will get the copyright with the images, then ask them for a signed contract at the time of booking.  The only way you will receive the copyright is if your photographer gives you a signed contract assigning the copyright to yourself – and most will not do this as they are possibly signing away their earning potential, and of course they need to know their work is being shown in a professional manner.

2. When choosing a wedding photographer, ask what licence they offer, rather than the copyright.   Check that you can print the images and also use them on social media sites.