Licensing client images to other clients?

Hello,

I've had a few enquiries of late, from clients wishing to use images I have shot for other clients. For example, a school hired me to photograph the opening of a new classroom. The company who built the classroom have expressed interest in purchasing these images to use also.

 

I'm quite new to commercial photography so not sure how this works. Should I be asking my clients when booking the job if they need exclusivity to the images? As I own the copyright for all my work, am I able to sell licenses for others to use images where an exclusivity clause has not been added? And even further to that, if there is talent in the photographs that my client has organised, is it fine for other clients to use those images? Seems to be quite complicated and I'm a bit stuck.

 

Any help with this is very much appreciated!

I understand the basics of how exclusive vs. non-exclusive licensing to clients works, for example stock photography - what I'm unsure of is how it works if the photographs I am taking are on the clients property or business.

. . . Should I be asking my clients when booking the job if they need exclusivity to the images?

<br><br>

 

 

You could, but by default I have always offered NON-exclusive usage, also specifically stating what the usage terms will be, both in volume and in time: it is always been up to the Client to negotiate otherwise (i.e exclusive usage) if that is what they want. If a Client has blanket "Exclusive Usage Rights" then that negates the Image being used for Commercial Purposes by the Photographer (well it does where I work) - which generally is not a good idea if one wants to show one's previous work as marketing material to current Propects.<br><br>

 

 

***<br><br>

 

 

. . . As I own the copyright for all my work, am I able to sell licenses for others to use images where an exclusivity clause has not been added?

<br><br>

 

 

Copyright is different to USAGE RIGHTS. But these two technicalities are often misunderstood to imply that owning COPYRIGHT allows/enables USAGES - it does not necessarily. So whilst (pedantically and technically) you might "be able" to sell usage rights to another Client, whether or not the other Client has the legal right to USE the image is another question. In which case you might be selling them naught of value and that might mean you end up at the end of a legal wrangle.<br><br>

 

 

As an hypothetical example, in the case of the new School Classroom, which you outlined, assuming the company who built the classroom want to use the images for sales, marketing and promotional purposes, then that PURPOSE of USAGE in many jurisdictions is "Commercial Use" and therefore the following issues might exist: <br><br>

 

 

1. The classroom might be Private Property - in which case a "Property Release" might be required (from the owner of the Classroom) to the Client) <br><br>

 

 

2. The classroom might be Public Property but under Government Aegis and USAGE of images created ON IT or OF IT may be sanctioned by Local, State or Federal Laws - in which case a "Property Release" might be required (from the relevant Government Authority) <br><br>

 

 

3. The classroom might contain, within it, Property with a unique and/or identifiable Logo or Brand, in which case a Property Release might be required from the owner of each Logo or Brand <br><br>

 

 

4. The classroom might contain people who are MINOR Students, in which case a "Model Release" might be required for each person: this would be from their Parent or Guardian. <br><br>

 

 

5. The same as 3. (Above), but the Students are of ADULT age - in which case they can sign their owe Model Release <br><br>

 

 

(Note per points 4. and 5. The School might hold a Model Release for each Student enrolled in the School, but most likely that would be in respect of <i>”Commercial Usage of Images by the school”</i> – not for the building company who built the classroom to use the Student’s likenesses in images, for their commercial uses. <br><br>

 

 

 

5. As you pointed out the School might have arranged for “Talent” to be in the image, in which case the School (or you on behalf of the School) arranged for a Model Release for the School to use the images for their commercial purposes – now it is possible that if you arranged the Model Release for the Talent, you could have arranged something like “for all and enduring commercial purposes, not limited this one Client, School XXX”. In which case your image could be a more viable product to sell to a third party. <br><br>

 

 

 

***<br><br>

 

 

What I outlined is a broad-brush of what you should be aware. Note that the above is based upon the situations I have encountered and those have mainly been in AUS – but for the most of it the system is very similar in most capitalistic slanted economies and western legal systems - simply listed and stated generally noting the exemptions under “fair usage for educational purposes” and similar exceptions: <br><br>

 

 

1. There is COPYRIGHT of the Image - which is the ownership right of the Image. <br><br>

 

1a (KEY POINT) - But owning COPYRIGHT does NOT necessarily give the owner of the Copyright of the image universal Rights of USAGE of the image.<br><br>

 

1b. A third party who wants to use the image usually needs to get permission to use it from the Copyright holder. This is what you are referring to as a “Licence” [uSA -"License"]. Typically the Copyright Holder would sell that “Licence for Usage of Image” and it could state the usage amount (e.g. number of print runs in brochures) and/or a time period (e.g. two years on website). <br><br>

 

1c. (KEY POINT) However (referring to point 1a) the Copyright Holder might NOT hold the necessary RELEASES to allow the image to be "used for Commercial purposes" - in which case, selling a "Licence for Usage of Image" might be selling nothing of value.<br><br>

 

2. There are various RELEASES (see above list) – which are necessary to be attained from all the PEOPLE who are identifiable in the image and possibly the owners of identifiable PROPERTY in the image. In general terms Releases are required when the USAGE of the image will be for COMMERCIAL PURPOSES, but there are some additional situations. <br><br>

 

 

The outline above will vary in details within the various parts of the world, but I think it is a reasonable overview to get you started seeking more specific information relevant to you specific situation. <br><br>

 

 

WW

William, that has been incredibly helpful - thank you ever so much. I think from what I have read in your answer, with assignments specifically for a client I will steer clear of offering licenses for usage to other parties for now... it all looks very complicated! Thank you again for your time and detailed answer, this has greatly improved my knowledge in this area!

. . . I think from what I have read in your answer, with assignments specifically for a client I will steer clear of offering licenses for usage to other parties for now... it all looks very complicated! . . .

<br><br>

 

 

I think you will sort through the complexity if you re read the basic points of and the key differences between: COPYRIGHT / RELEASES / LICENCES and digest an understanding of the people who need which and for what purpose.<br><br>

 

 

In the main there are still many situations (at least here in AUS) where there is little deference given to these (legal) matters - but it is necessary to know where you stand or at least have more than a basic understanding of how it all works.<br><br>

 

 

 

Again still hypothetical example, but one which is familiar to me: I could be at an Awards’ Dinner Function and later the Manager of the Venue asks me for a couple of the images to use for promotion of the Venue – (let’s say for example I took a couple of “Scene Setters” of the outside of the building, just at dusk and the tables set prior to the Function). And further let’s say the Caterer got wind of the fact that I made a coupe of images of the Evening’s Buffet Spread – including the Ice Sculpture and masterful Centrepiece of Crayfish and Prawns – and let’s say I used good mix of Flash and Ambient Lighting and the images were suitable for those two companies’ promotional purposes. <br><br>

 

 

 

What I might do is contact the Principal of the College (my Initial Client for the Awards Evening) and let him know that the Venue and the Caterer both wanted to use a few of my shots for promoting their own businesses. I’d suggest that I show him the images involved and also that in the text related to the promotional use of the images should contain two elements, firstly the name of my company (as the Copyright holder of the image) and secondly each secondary Client make mention of the College and (if logical) the other secondary Client – for example the Caterer may have text such as:

 

<i>“No job is too difficult for us to get exactly the centrepice that you want, we made this Ice Sculpture and Seafood Centrepiece at the 2016 Awards Night for Marshall College, held at Horden House, Strathfield”</i>.<br><br>

 

 

On the other hand the Venue might not mention the College for the Outside shot – but for the indoor view of the set tables might mention something like <i> “Horden House can cater for over 300 people seated comfortably in the main dining room, this picture shows the seating for 324 people at the 2016 Awards Night held for Marshall College”</i> <br><br>

 

 

Now I might be happy with that arrangement and “an handshake deal” and naught will be written down between the College Principal and my Company – that might be because I have covered the Awards Night for the last seven years . . . but it is good that I know that I probably need a Property Release from the College, because the College Crest and Motto is dead bang centre mounted on the lectern and also one is on each the interior wall - The Motto and Crest is identifiable and in shot, for the both Venue’s promo shot of the dining room and table and the promo shot of the Caterer’s Centrepiece: but I am happy to take the Principal’s word that all he wants is to see the images concerned and (importantly) a by-line for the College in the text under the images – and also to let me do all the work and organization of those two secondary Clients. <br><br>

 

It's good to know the basics of the technicalities of the rules/laws, but it is usually more profitable to streamline one's business so the Client has little bother and bonus outcomes: there's more to a Photography Business than making Photos. <br><br>

 

My view is "professional photography" is primarily a Service Supply Industry, not a Goods Supply Industry.<br><br>

 

 

 

WW

"What I might do is contact the Principal of the College (my Initial Client for the Awards Evening) and let him know that the Venue and the Caterer both wanted to use a few of my shots for promoting their own businesses." To save you the time you can also let the client who wants to license your image do the homework first by contacting the school. Then once all has been taken care of, and you also confirm it all with the school, send them a contract so they will sign it. Don't do a handshake and always keep a paper trail and protect you for any trip to court handshake and he/she said won't buy you a cup of coffee. A solid contract will protect you.

 

If they are students in the classroom that will be a huge problem for you then will need a model release from each parent and also the OK of the school principal or the board members. If you are able to license the images do make sure is ONE TIME RIGHTS ONLY and for a specific usage and period of time. You never want your images to be showing in posters, web, emails, brochures for 3-10 years. Also like William wrote be aware of anything that will showcase the name of the school, logo or any other proprietary details. If that is the case most schools will not allow it for it shows as if the school is endorsing XYZ company. So it must be approved by the school otherwise if you let them use your images and in the future XYZ company is doing something murky or wrong then the school/parents will suit them and you as well. I encourage you to learn more about the photography business for your protection and also to empower yourself and be able to make more money.