Ellen Broughton Photography - copyright
COPYRIGHT: The entire copyright in the Photographs is retained by the Photographer at all times throughout the world, unless agreed otherwise on the Commission Estimate/Contract/invoice or subsequently by written agreement with the Photographer.
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Copyright is essentially about the ownership of creative work. The law (in the form of the Copyright, Designs & Patents Act 1988 and a number of EU Directives that are retained post-Brexit plus the UK's commitment to a number of global treaties) gives creators ownership of their work (with some exceptions) and, broadly-speaking, like all other forms of creative activity, professional photographers make their living by licensing the use of their work, not by selling it outright.
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When you commission a photographer, you will be granted some rights to use the resulting photographs which come into effect once the photographer has been paid. This is usually included as part of the estimated fees and is known as ‘licensing’ or a ‘licence to use’. Put simply, it is permission to use the work.
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If you wanted full ownership of the photographs, you would need to purchase the copyright from the photographer. This is called an ‘assignation of copyright’. It needs to be a written document, signed by the photographer and transfers the title/ownership in the photographs to you in full. Obviously, this will come with a price as the photographer is giving up any potential to earn additional income from those photographs in future as well as any control over how those photographs might be used. It is important to remember that if photographs are used out of context, badly cropped, poorly retouched and so on, that can reflect adversely on the photographer and their reputation for producing good work, therefore impacting their ability to earn in the future.
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My Standard Copyright Licence.
Usage Terms
​For Web, Book & Catalogue use only.
Territory: Worldwide
Time Period: 5 years
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The Client shall not publish or supply the material to any other person for publication without the express permission of the Photographer. I confirm that the Client is hereby licensed to reproduce & publish the Photographs for the above purposes, territories & time period only.
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Please discuss any further requirements with me.