Understand the Basics
of Licensing Photo
Text and Photo by Fadil Aziz
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Many of us do not aware
that photograph or photo is an intellectual property.
It is the photographer who creates the photos that own
the copyright (unless otherwise negotiated between the
photographer as employee and the studio owner as
employer and in similar circumstances). But basically
photographer who creates that piece of art owns the
copyright. |
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Intellectual Property Right
Please take a moment to consider
this. Photographer must use his skill, experience and artistic
side of his brain to produce that so-so masterpiece. All of
those relevant contributing factors are subjective and deeply
ingrained in the individual. No matter how instant he presses
the shutter.
Okay, people might think taking picture is that simple. Just
press the shutter and the camera will do the rest. And the
basics could be learnt from books, internet, etc. So, if
somebody agrees with this, why don’t give yourself a chance? And
see the result.
Photos are in the same domain with other intellectual property
rights genre such as software, song, painting, book and so on.
No matter who is the photographer, professional or amateur.
Note: photographer may transfer his copyright or decide to
deliberately neglecting his/her rights.
License, not Buy
As the consequence, the
correct term is “license”, not “buy” photo. User license the
right to use the photo from the photographer. The photographer
grants the rights to user to use the photo.
Usage Specific
As the photographer retains the copyright of his/her photo,
photo user only has the right to use the photo for a specific
usage. For instance, photographer grants the right to use the
photo for cover of a book, or a magazine.
When that same publisher needs to use that same photo as an
illustration of a text book, he will need to pay again for the
rights (unless they “bought” an unlimited right before). They
will pay again when the book is re-printed or when the photo is
used in the second edition. Why?
When that book is re-printed, the publisher pay the printers
again, don’t they? Why? They provide benefit. So why do they
leave the photographer? The book enjoy the benefit of the photo.
It is the same idea when you need the same software for your
other computer. You have to buy the license again.
Why We Buy?
We are living in the
21st century now. We are in the era of information, era of
subtlety. Previously we buy hard products. We buy food. We buy
clothing. We buy real estate. Then in the last century we begin
to buy services. And now we buy brand. We buy life style. We buy
experience. We buy security. We buy rights. All are intangible.
But they exist. And we benefit from them.
Yes there are people who sell royalty-free photos. Just like
other things, it is other form of doing business. Likewise,
people also give software for free. Design web site for free.
But when you need quality stuff, would you get it from a free
source? When it is crucial for you, would you obtain it from a
quality source that could provide you quality stuff, reliable
service, or would you get it from a free source? The answer is
it depends how important is the stuff for you.
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