Rights of use of photos from the photographer

Choosing the right photographer alone is no child's play - until the shooting is planned and you finally hold the pictures in your hands, it often takes a lot of nerves, despite all the fun. The same applies to the photographer - it takes quite some time until the preliminary discussion is over, the offer is written and the pictures are finally with the client. If the whereabouts of the rights of use have not been clarified in advance, the interaction between the two parties is far from over even after the end of the shoot - and unfortunately often not in a good sense. Who actually owns the rights to use the photographer's photos and how can both parties continue to use them?

Rights of use of photos must be regulated precisely

Many photographers will be familiar with the following statement: "I thought I could do what I want with the pictures, after all I paid for them!". That is, technically speaking, not quite right. What the client has paid for is the shooting, the photographer's professional equipment and the skilful post-processing of the pictures. The rights of use of the photos, on the other hand, are a completely different matter. 

There is a typical scenario for this: after an incredibly great shoot, the photographer delivers the finished edited images to the client, who enthusiastically includes them in their portfolio. If it is the portfolio of a professional model, perhaps after a few years these very images will be used for a höThe photographer can now demand money for the further use of these images. For this, the photographer can now, if not precisely agreed beforehand, demand money for a further, non-agreed use of these images.

Now goöIt is not necessarily good manners to make demands afterwards, but when large sums of money are involved, they are certainly justified. How do you avoid conflict? Quite simple: with clear agreements through contractual precautions. 

The difference between right of use and copyright

The Copyright Act regulates the rights of use of images. In the boring legal jargon of Section 31 (1) UrhG, it sounds as follows: "The author may grant another person the right to use the work in individual or all ways. The right of use may be granted as a simple or exclusive right as well as limited in space, time or content." In plain language, this means that the author owns all rights to the work and, unless otherwise agreed, it remains so.

The essential difference between copyright and right of use is that the former cannot be transferred at all! The photographer will remain the creator of the images for life - and it is also up to him to determine their use. Without a precise agreement on the rights of use, these therefore remain for the most part with the photographer. This means that the images may only be used by the client for private use. Private use is not a term that is to be understood in an overly generous manner, as it already ends with the uploading of the photos to one's own website. It is up to the author alone to decide how, where and also when the images may be used.

Dealing with rights of use of photos as a photographer 

The photographer must, quite clearly, charge for the rights to use the photos in addition to the fee. There are two ways to do thisöThere are two options: On the one hand, the rights of use for social media or other publications such as magazines, for example, are calculated into the offer according to the client's needs, or they are then invoiced separately. As a tip from me: It works better if the terms of use are contractually agreed from the beginning. If these are already included in the offer and can be clearly separated from the fee, all the better!

In any case, it should be specified in writing what the rights of use include and the following offer should be calculated accordingly. If, for example, it is a local company that will also use the images for a website, you are welcome to make an offer with a höThe MfM list of fees for advertising photography can be consulted for the most common fees. In the case of commercial photography, the common usage fees can be looked up in the MfM list.

Dealing with rights of use of photos as a customer

In any case, the customer should find out exactly what the agreement on the rights of use for the images contains. During the first meeting, whether on the phone or directly in the photo studio, simply ask without obligation. It pays to communicate openly with the photographer and explain exactly what the pictures are supposed to be used for. And even if you want to use the same photographs again for something completely different years later - asking doesn't cost anything, but infringing rights of use does.

Total buy-out as Lösung

A finalend LöThe most common solution to the dispute over usage rights is the so-called total buy-out, in which the client buys all rights from the photographer in terms of time, content and space. The advantages are obvious - but this option is not only incredibly expensive, it is also rarely approved by the photographer. That is why the professional photography industry today tends to rely on contracts that define the exact rights of use of photos.

Most important factors for a functioning contract

So that both parties can start the shoot in a relaxed wayöIf the photos can be published without any friction, they can be used as a reference.öThe most important points can be recorded in such a contract. In such a contract, the number of photos and the type of delivery, i.e. analogue or digital, should be recorded. In our case, the delivery is usually digital. Then the right of use is defined precisely with the questions where, who and for how long. Where may the pictures be used?öbe published? Who is allowed to publishöpublic? To what period does this agreement refer? If it is specifically about a publication, this can also be explicitly mentioned.

No matter where the pictures may end up in the end - there's nothing like open communication before, during and after the shoot.

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