The Wise Words of Lisa Lloyd

Let’s talk about you and me, let’s talk about what copyright is and if it is free…..

If you are hired or paid as a photographer, the person hiring you only gets a permission or licence to use the images. They don't own copyright and, can't stop you from using them for marketing purposes if this is made clear in your terms and conditions. Which in mine it is.

I have had some photographers and other people ask me recently about copyright of images and about their use if you are paid for a job. Here is 'The Law' found on the government site.

Unless you have agreed to the terms of a non-disclosure agreement, embargo or other contract which restricts or prohibits such action then the photographer is free to use them. Unless, it is a domestic instant thus children or weddings that are private and have not agreed to letting the photographer use them prior to hiring them.

They will not own the copyright unless the photographer allows you for a large fee. Or your contract is negotiated and signed with agreements. This means that the photographer can use images for their own marketing and advertising.

In my Lisa Lloyd terms and conditions, I have had them written by a solicitor, up on hiring someone to take your images their terms and conditions will stand once hired and paid:

Please always check your terms of invoice or hire….

3. Licence to use

The Licence the client will hold is unlimited use in UK but not worldwide unless otherwise agreed. The licence shall come into effect from the date of payment of the relevant invoice(s). No use may be made of the photographs before payment in full of the relevant invoice(s) without Lisa Lloyd’s express permission in writing. The Licence only applies for the use as agreed and does not include any form of electronic or other storage. The Licence cannot be transferred without Lisa Lloyd’s express permission in writing.

4. Photographers promotional use

Where an exclusive licence is granted, Lisa Lloyd will at all times retain the right to use the photographs in any manner and in any part of the world for the purpose of advertising and promoting her work.

Copyright in images and photographs

The basics Photographs, illustrations and other images will generally be protected by copyright as artistic works.

This means that a user will usually need the permission of the copyright owner(s) if they want to perform certain acts, such as copying the image or sharing it on the internet.

References to “images” in this Copyright Notice include:

  • digital photos taken on mobile phones and digital cameras;
  • images that were first generated on photographic film and any digital images created from them; and
  • images such as diagrams and illustrations. Please note that some of the issues raised in this

Copyright Notice will only apply to photos.

Who owns copyright in an image?

The person who creates an image (“the creator”) will generally be the first owner of the copyright.). If an image was created as part of the creator’s employment and they are under contract for a period of time under the company name, rather than by a freelance creator, the employer will generally own the copyright.

The creator of an image may choose to allow a person or organisation to license the work on their behalf, license the copyright directly themselves, or “assign” (transfer) the copyright to another person. The term ‘licensing’ means giving another person or organisation permission to use a work such as an image, often in return for payment and/or on certain conditions for a specific period.

A Copyright Notice on assigning copyright is available here: https://www.gov.uk/government/publications/copyright-notice-assignment-of-copyright