As a photographer one of the things that is irksome is clients and businesses misusing and plain taking images illegally. Yet it happens a lot.
Photographers will go through stages in regards to misuse of images. Most commonly when photographers are new this would greatly upset and anger. It would be a fight for them. Then as they get more experience and years under their belt they will develop new ways to handle all of this.
It doesn’t mean that they do not have feelings regarding the misuse or theft of images, it just means they have developed ways of handling it. Contrary to popular belief most photographers will not run straight to a lawsuit. In many cases they will just send off a bill and wipe their hands of the matter. Most reputable business and people will pay those bills, and apologize, yet every so often a photographer will have to respond more strongly.
I find a large part of the issue of image theft and misuse and a lack of education and general understanding. My goal is to slowly help educate the public and photographers by continuing to make these blogs with information.
In my experience a lack of education and basic understanding seem to be a huge part of the issue when it comes to what is and what is not commercial photography usage. This isn’t just limited to the basic population, but businesses, and professionals seem to have a lack of understanding what commercial is and means.
I have encountered this in my own professional life and after all my collective experiences this is a blog post that definitely needs to be.
What is Commercial Usage?
Commercial image usage entails using an image for advertising, or promoting and selling a product or service.
Can you use any Image Commercially?
No. In short commercial use of images requires a specific license from the creator. Most creators provide some kind of license and every license will specify how it can be used.
Why do Commercial Licenses Cost so Much?
Unlike personal and retail photography commercial photography demands a higher rate because the images are not being used for personal enjoyment. But rather they are being used to promote the service and goods of another entity so they can benefit financially. It is the using of the image for finance gain that adds the higher value to the image.
What Happens if you Use an Image for Commercial Purposes without a License?
In layman’s terms this is theft or copyright infringement. You are using an image in ways you were not legally allow too. How the image creator responds is up to them. In most cases you will receive a bill that is in line with the infraction- yes this is a commercial bill and it will most likely be costly.
What if you don’t pay the Bill?
Like all bills failure to pay can come with a multitude of consequences. Every business will have different methods of collections. My best advice is to maintain contact with the company you owe, work out a payment plan, and communicate. But if you choose not to pay you are taking on the consequences be that whatever they are.
How can I use a Photo to Advertise without a Commercial License?
The best advice is not to use images you do not have the appropriate licenses for. If there is an image you want to use commercially approach the creator of the image for the appropriate release. Do not just take the image with the hopes they won’t discover it. It is incredibly rude and can make matters worse.
Are you still Responsible for the Bill even if you stop using the Photo to Advertise?
Yes. If you used an image without the appropriate license you are responsible for the bill regardless of it you ceased using it. Once you use it, once you put a commercial value to it you are responsible for it regardless of when you cease using.
For example: Models in this image have granted a signed release to sell this image for commercial use.
What about Photographers? Surely there are limits on how they can use an image commercially. With and without model releases.
Can a Photographer use my Likeness Commercially?
The answer is yes and no. Photographers have a bit more wiggle room because they own the photograph they made of you and that inherently grants them more rights to use it and distribute it.
A photographer can legally use images made of you, with your likeness with and without a model release for things that are sold as a profit: such as for inclusion in a book, or as a photographic print. Selling the photo is not the test for commercial usage.
For a photographer using a photograph of a person as advertising without a release allowing them to do so is controversial and can lead to problems. So if a photographer is taking out a billboard and they want to use an image they made of you they will want a release allowing them to do it. But if a photographer is making a photobook and want to include images made of you among others they can legally do so without your written consent.