Screenshots, Watermarks, and Legal Snags! What you need to know about Copyright Law and your Photographs
“Possession is 9/10 of the law, or so they say. But definitely NOT when it comes to digital files and copyright laws.” - Unknown and Tina Caron
“I paid for these photographs and I have the digital files. That means I own them and can do whatever I like. Right?” Not exactly. Not at all actually....
Understanding Copyright vs. Print Release: What You Need to Know
Today, we're diving into a topic that causes a lot of confusion: the difference between copyright, a print release, and use of digital image files. Even in my photography circles I hear the term “copyright release” being used when they really mean “print release”. How are clients to understand if photographers aren't even clear about what these terms mean? Certainly in the case of family portraits, headshots, and personal branding, what you really want and need is the appropriate permission to use your images, and owning the actual copyright is not necessary to facilitate this.
Knowing the distinction between (and laws around) copyright, a print release, and a limited usage license is important to ensure you make the most of your beautiful portraits while respecting legal boundaries. And yes, Copyright Laws are real, and it can be pricey if you violate them. Most people don’t intentionally violate copyright laws, or think "it's not a big deal", but you know the old saying - ignorance of the law doesn’t excuse breaking it.
What is Copyright?
When a photograph is created, the photographer automatically owns the copyright to that image under the United States Copyright Law. If you feel so inclined, you can read all about it at The US Copyright Office's website: https://www.copyright.gov/title17/
Copyright gives the photographer the exclusive right to reproduce, distribute, and display the photograph. It's legal protection for their creative work and ensures it's not used without permission.
Key Points about Copyright:
Ownership: The photographer owns the image and their rights to it, regardless of having distributed digital or printed copies of the image.
Rights: The photographer can reproduce, distribute, and display the image. Note that a model release is also required if the photographer's usage is for commercial purposes, such as promoting their business, if the subject is a minor or is recognizable and identifiable in the image. While the model release is a required document, it is also the subject's right to express their wishes on how their likeness can be used, and most photographers will outline these intents in the model release. Here in my studio, I break down the different ways in which I might use someone's image and give the client the option to accept or decline any or all of those intents. The model release documents these intents and protects both parties.
Permission: Any use of the image beyond what is granted by the photographer, and to whom, requires explicit permission.
What is a Print Release?
A print release is a document that grants you, the client, the right to print and use the digital files for personal use. This means you can make physical copies of your images to hang on your wall, share with family, or include in holiday cards.
Key Points about a Typical Print Release:
Personal Use: You can print and use the images for personal, non-commercial purposes. At Tina Caron Portraits & Fine Art, I also grant permission for usage on business marketing materials such as websites, printed collateral, and business social media pages.
No Ownership Transfer: The photographer still retains the copyright, and the client does not have any rights or permissions to grant copyright or any other usage to any other parties.
Restrictions: The release does not allow for commercial use (unless it is explicitly granted in the release), editing, or selling the images. Be careful submitting your images for any contests, competitions, news outlets, and publications as well. This includes things like those cute baby contests and neighborhood magazines. Ask your photographer for permission, and if permission is granted, be sure to help in making sure they are given proper credit as the creator of the image.
What You Can Do with a Print Release
Print the images at your favorite photo lab or through an online service.
Share the images with friends and family in physical form, and in most cases, on social media platforms.
Use the images in personal projects like scrapbooks, holiday cards, and home decor.
What You Cannot Do with a Print Release
While a print release offers great flexibility, there are important limitations to keep in mind:
No Commercial Use: You cannot use the images for business purposes, such as in marketing materials or advertisements, unless explicitly granted such use by the photographer.
No Editing: You cannot alter the images in any way without the photographer's permission. This includes adding filters, converting to black and white, or hiring another photographer or editor to retouch the images. This also excludes using the photographs as a basis for a derivative work such as a painting or as an element in another image.
No Reselling or Distributing: You cannot sell the images or any prints made from digital files with a personal print release, nor can you redistribute the digital files.
Removal of Watermarks - don’t do it! Yes, it’s theft.
You may have seen people or groups on social media that offer “watermark removal services”, or instructions on how to do it yourself. You need to know that, point blank, this is theft and a very clear violation of copyright law. The Digital Millennium Copyright Act (DMCA) covers this matter. Should the photographer who created the image discover that a watermark has been removed, they can choose to sue for up to $25,000. I promise you, it's far less expensive to pay for usage rights legitimately than risk getting caught violating copyright law.
Ah, Just Screenshot Those Watermarked Images!
No! Don’t do this either. This too, is a violation of copyright law. When you screenshot images for the express purpose of avoiding the purchase of usage rights, you are breaking copyright law. BREAKING THE LAW. I know it seems innocent, but the law will protect the creator of the image if they choose to pursue.
No Watermark = No Copyright. Right?
This is false! Declaration of copyright is a courtesy and not required by law. Just because an image doesn’t bear a watermark or logo does not mean there is no claim to copyright. In the same vein, presence on the internet does not mean an image is free for use. The creator of an image is granted copyrights regardless of how they choose (or don’t choose) to mark their images.
Then what exactly are you paying for when you purchase images from a photographer?
If the photographer maintains copyright and gets to define the usage parameters of the images they create, then what is the client actually paying for when they purchase their images from a photographer? In general terms, you have purchased a limited license agreement. In other words, you have purchased the rights to USE the images as the photographer defines, but you have not purchased the actual images or their copyright. Only in very specific and uncommon situations is the full copyright released. These are usually commercial usage situations, with a copyright buyout price tag commensurate with the release and transfer of all rights to the work being created. This is not a normal circumstance for individual portrait and headshot clients.
Respecting the Photographer’s Work
Understanding these distinctions helps ensure that you not only respect the talent and creativity that goes into creating your images, but keeps you out of legal trouble. If you ever need to use the images in a way that's not covered by usage terms defined by your portrait session, just reach out! I'm always happy to discuss additional licensing options to suit your needs.
