I have been meaning to write this post for ages as I feel responsible for not only providing my clients with beautiful images to treasure but also keeping them informed about their rights and limitations. I want all my clients to be aware of what they can and cannot do with their images and why.
I know the moment I mention the word 'law’ you may roll your eyes and take a step back assuming there will be a lot of jargon and language that does not appeal or concern you. I promise I will keep it as simple and short as possible and I assure you – it is extremely relevant.
Why is it important to know Copyright Laws?
In short – to avoid getting in trouble. And I mean little trouble like getting a message from your photographer or big trouble like ending up in court charged with copyright infringement and huge bill to pay. I feel responsible for my business and my clients and I would hate to ever be on either side of such conflict.
What does it mean that Aga Kowalska Photography is the author/creator and copyright holder?
In a nutshell – that I created the image:
I purchased all specialist equipment (such as camera, lenses, backdrops, clothing, props, lighting etc) and I used my talent and specialist knowledge (of said equipment and photography) to CREATE a scene and take an image. I knew where to stand, where to put my model, where to place the light, what camera settings to use and then used specialist editing software to give this creation finishing touches and turn it into a printable work of art. I had a vision in my head and I made it into a photograph.
At every stage of this process I was the creator, hence I OWN the right not just to the image but to the whole creative process. Imagine, if I prepared the whole set up and then got my assistant or anyone else to press the shutter, guess who the Author /COPYRIGHT holder of that image would be? Yes, you guessed it – me! It is not just pressing the shutter that makes me a photographer and owner of the image. It is everything else before and after it happens.
The explanation above is one of the reasons why I ask my clients to refrain from taking photos during studio photo shoots. I purchased everything that you can see in my home studio, I posed your baby safely and beautifully (using knowledge that I also paid for) and you taking a picture of my creation with your camera or phone is against my rights as a photographer (creator). At this point I would like to thank my clients for respecting my request.
Or, magine you go to Cape Canaveral and in some miraculous way go to the space station for a rocket launch. There are astronauts in the rocket waiting for the launch, everything is set up and you come and press a huge red button that says GO which shoots the rocket into the space. Would you feel it right to say that YOU launched the rochet? Would you feel right to claim all the work and effort of other specialists that made it all possible up to that point? I guess you wouldn’t. You would be just the person that pressed the button and everyone else would be THE people that made it possible. Same applies to my studio creations, and it doesn’t matter how elaborate or simplistic they are. I own the creative right to the process and final product and as such I am protected by the law.
What CAN’T you do with copyright protected images and why?
Firstly, let me list all the things that you MUSTN’T do and the simplest explanation WHY
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Save or screen shot images from online galleries (including website or viewing platform) without permission
- Images on my website are for viewing only and saving them without purchasing a license is illegal. In simple terms – if you have paid for it, you should have it on a USB or have received a link to download it so no need to save. If you haven’t, that means you have no right to the image.
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Save images from Facebook or other social platforms
- If you have paid for an image you will be provided with high resolution non-watermarked image as part of your package anyway. If you have not paid, then again you have no right to that image, even if it is a photo of you or your baby.
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Crop my logo
- If there is a logo on my image it means it has not been paid for (yet). Images without watermark are provided to my clients as part of their chosen package.
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Apply filters (such as retro, black and white, selective colour etc etc)
- You have chosen me because my work appeals to you. You like the way I edit my images, the colours, the style and the overall feel my images give when you look at them. Why would you then need to change it? If you would prefer a different editing style please talk to me and I will be happy to consider your suggestions and if they are not compliant with my style I will happily recommend someone else that may match your expectations better.
- Also, would you take Picasso’s original painting and add something or change the colour of some parts of the image? I am certain you wouldn’t as you would be ruining Picasso’s original artistic vision and creating YOUR vision of it. It would no longer be a Picasso. It would be Joe Bloggs, possibly worth much much much less. I am in no way comparing myself or my work to that of Picasso’s but there are many similarities between painting and photography. I also create an image using tools (camera, lens, light, software are my digital counterparts of canvas, paint and brush) and I wish for it to stay the way I created it.
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Use for commercial purpose
- All images provided as part of family, wedding, children or newborn photography are solely for PERSONAL use. This means you can print them, use on your personal social media, print a canvas, print onto your phone cover or keychain ring. As much as you like. However, you cannot use the images in any business capacity, i.e. you cannot use the images as your business headshots, on your website, on any marketing materials etc. In short, if the image is used in a commercial setting a seperate license (commercial license) is required.
- What happens if you use an image in a non-personal capacity? You may recveive an invoice for me for using the image for commercial purpose (please note commercial rates are significantly higher than personal licenses are).
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Edit the images yourself
- You may be a Photoshop wizz or a fellow photographer and feel you could brush up on my creation to meet your style or expectations better. Please don’t. As I said, I am more than happy to listen to you and create an image that warms your heart and ticks all your 'editing style’ boxes. However if I am unable to do that, it is better that you keep looking for someone else that will be your ideal photographer. No hard feelings about that, I promise 🙂
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Create digital images or copy paper prints
- What does it mean? For instance, you come for a photo shoot with me but you only want to purchase prints, no digital files. You take your prints home and then grandma says 'Oh, could I get a copy of that?’ . You may be tempted to say YES however you are better off saying ’ No’ and contacting me to order more copies. By purchasing a print you are only the owner of the PRINT. You cannot copy it or make any money out of it. When you buy a book you can read it, lend it, shred it but you cannot make a copy of it. Grab any book you can, open it and you will see that I am telling you the truth. By copying someone else’s work you are stopping them from making legitimate profit off something they created. If you wish to be able to make copies for all grannies, aunties and anyone else that fancies a copy, you need to purchase a digital file or more prints from the photographer.
„Sneak Peeks”
I am a photographer but I have been a client myself. I know how anxious I was to see what came out of the photo shoots that I had with other photographers. I appreciate how excitied and anxious my customers are to see their little previews that’s why I very often share sneak peeks straight after the photo shoot. And as you may know my clients choose and pay for their images in person at a viewing meeting, therefore all images shared as sneak peeks beforehand are actually officially 'unpaid for’. I respect every one of my clients; I value their time and I would never steal from them (well, actually not just clients but anyone to be honest). I would be happy knowing that I can count on the same treatment. By downloading the sneak peek and not including it in your gallery you are actually taking stuff for free without paying (the last time I checked this was the very definition of 'stealing’ yet I hate using this word). If you chose to employ me to create beautiful images for your family, please respect my work and my effort. If you love the image please pay for it at your viewing, if you don’t then please don’t save it either. Many photographers have experienced their sneak peeks not being purchased in viewings and decided to stop sharing them. I don’t want to do that as I feel if this has happened to me in the past it must have been purely as a consequence of being unaware. By writing and sharing this post here I hope to explain and raise awareness .
Can I purchase copyrights?
It is possible to do that however the price for photographer’s relinquishing copyrights (i.e. the right to edit, copy, share, sell etc). has to make up for the losses in earnings and therefore is considerably higher. Please enquire if this is something that you wish to do.
I am in the image so shouldn’t I be the copyright holder?
If Picasso or Rembrandt or any other painter painted a picture of you, would you be the copyright holder (i.e. the author / property holder)? No, you wouldn’t. You are employing an artist (caricaturist, painter, photographer or sculptor) to create a piece of art OF you but they remain the author unless they sell their rights to it. Same rule applies to photography and is clearly explained in UK photography laws, which I comply with.
What are my rights in terms of my images?
- You have the right to use the images solely for your personal purpose
- You can print them onto any wall art you wish, turn it into an album or any other photo merchandise.
- You have the right to keep all your images private and not have them shared publicly – please speak to me if you need more information about this option.
- You can make unlimited copies of any image that you have purchased as a digital file (i.e. a jpg on a USB or downloaded via a link)
- You can save the images on any number of devides (usb, hard drive, icloud etc).
- You can share them with your friends, family etc,.
What happens if I don’t comply with the above guidelines?
Unfortunatyely this means you will be breaking UK Copyrights and can face consequences such as:
- receive invoice for the items which have been downloaded used without proper license
- receive invoice for commercial use of images created for personal use
- if no payment is received in time, legal proceedings may be taken through small claims court
Also, apart from the two mentioned I can assure you that your photographer will also feel really sad about that, the same you would if anyone breached your trust. I am lucky to say that I work with the most amazing clients who love my work and have never broken my trust in them and I am confident it will stay that way 🙂
If you need more information about current UK legislation relating to photography and copyrights please click here
Please note images in this post are all my images and the edits used were purely for illustrative purposes. They do not reflect my actual photography style.