Many assume buying an image grants unlimited use however most photographers and image makers retain copyright, essentially renting their work under specific terms. Unless explicitly buying full copyright (“buyout”), you’re licensing limited usage. Your fee covers both the creator’s work and permission to use images within the agreed parameters.
This arrangement is akin to licensing a TV show. Networks pay for broadcast rights rather than ownership. Similarly, you’re paying to use images rather than possess them outright.
Usage terms typically cover:
- Commercial vs editorial use
- Time period
- Geographic scope
- Media types
- Exclusivity
Broader rights mean higher fees. A one-year North American digital licence, for example, costs less than a worldwide, all-media perpetual use.
And then there’s talent, which typically only adds to the complexity due to aspects like requiring model releases that align with intended usage.
Navigating contracts and negotiations
Many creators work without formal contracts, and respecting creators’ rights is both ethical and legally sound. Clear, upfront discussions on usage prevent misunderstandings. If you need unlimited use, be prepared to pay accordingly, as you’re compensating not just for time, but for the value the images bring to your brand.
Proper licensing benefits both parties. You gain legal certainty and potentially negotiated rates for specific needs, while photographers earn fair compensation, encouraging quality work.
Consider the implications of different usage scenarios: an image used on a small website has a different value than one plastered across billboards nationwide. Similarly, using an image for a year differs from perpetual rights.
Be wary of “rights-grabbing” contracts demanding excessive control. These can alienate top talent and may not stand up in court. Instead, negotiate fair terms that respect both parties’ interests.
It’s easy to assume social media use is free, but this isn’t the case. Many platforms’ terms of service require you to have proper rights for content posted on social media.
Unauthorised use can lead to takedowns or legal action. Remember that copyright infringement can be costly, with damages potentially far exceeding what you’d have paid for proper licensing. It’s simply not worth the risk.
With KEEP, you can avoid the complications associated with managing image and usage rights and benefit from a centralised platform that handles all aspects of licensing and copyright agreements efficiently. KEEP also simplifies the renewal process for multiple stakeholders into one invoice and shares the licence transparently between everyone.