You've sold your photography to a client. How do you protect your ownership rights?

To safeguard your ownership rights after selling your photography, consider including a contract clause that specifies the terms of use for the images. This contract should outline how the client can use the photos and ensure that you retain the copyright and ownership of the images. Additionally, you can watermark your photos with your logo or name to deter unauthorized use and clearly mark them as your intellectual property. By taking these steps, you can protect your rights and maintain control over your creative work even after selling it to a client.

When selling my photography to a client, protecting my ownership rights is essential. First, I always use a well-drafted contract that clearly outlines the terms of use, licensing agreements, and rights retained. This contract specifies that while the client can use the images for agreed purposes, I maintain copyright ownership. Additionally, I include a clause for proper attribution when my photos are used publicly. Registering my work with a copyright office provides legal protection and evidence of ownership. I also embed metadata in my digital images, making it clear they are my intellectual property. These steps ensure my rights are safeguarded.

Once you have been hired and the fee and usage agreed by the client then all the terms are set out in a contract for all parties to sign and agree to. As a legal contract you need to make sure your contract covers all eventualities and as a photographer you always own the copyright and then grant a licence for usage by the client to use for xxx whatever is stipulated in the contract. If you find an image that you as a photographer took is being used by a 3rd party, then I would seek legal advice in the first instance.

Sold photography is actually a license to use it. Exception is a monetary copyright - when I sell rights to earn on my photograph. I cannot sell my personal copyright since they are not transferable.

Licensing starts when money comes on the scene. If someone uses my portraits to promote himself - well it is a short story. If someone wants to use my photographs as advertising carrier - this is something else. Yet everything is easily covered by agreements.

I never use watermark since this is pointless. My experience tells me that copyright or even website in my photos never bring me new Clients. More to this when I see all these copyright marks on photos they seem annoying to me. Distracting.

I'm not a fan of using watermarks as for me they are a) easily removed or cropped out and b) detract from the image when being used to showcase your work. However, watermarks can be seen by some as a form of branding. Adobe Photoshop or Lightroom allow you to create custom watermarks that blend well with your images. If you choose to use them, place the watermark in a way that doesn't detract from the photo's visual appeal but still makes it clear who owns the work.

Online portfolio as a portfolio clearly defines that these photographs are mine. Created by me. If someone wants to steal them somehow I have no way to stop him. Besides there are more Clients than thieves so no point to worry. And if someone steals it means they are good!

An online portfolio is a vital marketing tool. You will want to showcase your best work. This can also expose your work to potential misuse and theft. Sadly you cannot stop someone taking your work if they are determined to. Therefore it is important to have a clear copyright policy and terms of use which you can enforce should anyone take and use your work without permissions and/or a license to do so. This applies whether your portfolio is a website or a social media account.

I always educate Clients that I sell them a license to use. And that I do not agree to edit what I give them without consulting results with me. The risk of it is that if someone destroys picture because he is incapable of editing photos and shows it it will be linked with me. Image building in practice.

Discuss usage with your client from the beginning. Ask questions to gather as much information about how, when and where they intend to use the images. From these early discussions you can advise and educate them on how licensing works, what they can and can't do with the images and for how long.

There are online tools available which can monitor your work with some of them, such as Pixsy, that will then enforce legal action on your behalf. As an example: If you find one of your photos on a website that hasn’t licensed it. You can send a cease and desist letter or a takedown notice. The majority of the times, website owners will comply quickly to avoid legal trouble. If they don’t, consulting with a lawyer to explore further action may be necessary.

Personally for me, when I provide clients with estimates for a photoshoot, I include a section on licensing costs. This breakdown typically includes everything I had previously discussed with the client in terms of their usage requirements. It also includes costs for extending the license which gives a date for when I will get in touch with the client to discuss their extension should they require it.