Category

Copyright & IP

Understanding model releases: what they are and why you need to use them

Running a photography business can be complex. Why would you need a model release? I mean, after all, you own the copyright to the images, that means you can do whatever you want, right? No, actually it is unlikely you have completely free rein. Let me ask you some questions: Do you use images of...
Continue Reading

Does pressing the shutter grant the shutter-presser copyright?

It might seem like there should be a simple answer to the matter of copyright and pressing the camera shutter. Pushing the shutter is the last link in a chain – a chain of actions and decisions that are required to create (also referred to as authoring) an image. Let’s talk about a couple of...
Continue Reading

What is Fair Use of images and when does it apply to my images?

You may have heard that fair use is a defense to copyright infringement, but you’re not sure what that is. That’s completely okay. Fair use can be complicated, even for lawyers. Seriously. But we love making sure that you have the information you need to understand this concept and how it might impact your business....
Continue Reading

How to add copyright information to your images in Lightroom

Lightroom is one of my biggest loves because of the ease of use. Truly so much is at your fingertips without having to recreate the wheel each time. I wanted to take you through a quick tutorial on how to add copyright data to your images and save the preset so that on import your...
Continue Reading

What to do when a client enters your professional photo in a contest or submits to a magazine or newspaper

Sometimes, you have a client who is so excited and proud of the work you have created capturing them, their family, or their life, that they submit your images to a contest or to a magazine or newspaper for publication. They may not have ill intent, but nevertheless, you open a publication only to find...
Continue Reading

What happens to the commercial license of my images if that business is sold?

A situation that is more common than you might expect occurs when a business is bought or sold. A question that arises in this situation is as follows: If I license commercial use of my photographs to a business & the business is sold, is that commercial use license part of the business sale? Businesses...
Continue Reading

Can I design and print an album for a client with another photographer’s photos if the client has print release?

The legality of designing and printing an album for a client with another photographer’s photos depends on the express terms of the licenses granted by the copyright owner. Like other third party services like editing, it is essential that the appropriate licenses are granted by the copyright owner, rather than just the client (who may...
Continue Reading

How does implied license and quantum meruit affect how clients use my photos?

Before you give up and go find something else to read, we need to talk about a couple of concepts that come up time and time again in the context of copyright conflicts, especially in digital media. These concepts are “implied license” and Quantum Meruit.   Implied License The “implied license” doctrine is relatively limited...
Continue Reading

X used my images without asking, now what?

X used my images without asking, now what? In our large, but totally awesome, Facebook community – this is the #1 question that we get repeatedly.  Why? Unfortunately, it’s because people don’t give a damn about respecting others intellectual property.  Whether it is images, logos, music..you name it.   Now yes, I understand that many simply...
Continue Reading

Now Available: Copyright Infringement Kit for Photographers

  Someone stole your images, now what?! Stop! Breathe! No rushing to blast anyone on the internet, or sending a take down notice.  Take your steps and make sure you have a properly drafted letter and settlement agreement ready.  Snag TheLawTog’s now available Copyright Infringement Kit for Photographers. Protecting intellectual property is a real and...
Continue Reading

Is It Okay To Use Other People’s Photos for Educational Purposes

It has probably happened to every single one of us.  You wake up one morning, open your Facebook feed or Instagram and see an amazing photograph that someone has posted. Sometimes, the photograph is a share and you can trace it back to the original source.  Other times, someone has just copied someone else’s photograph...
Continue Reading

Copyright Considerations for UK Members. How to Register Copyright in the UK.

Under UK copyright law, “copyright” means the “sole right to produce or reproduce the work.” It includes the sole right to do the following, or to authorize others to do the following, with works you hold copyright in: copying your work distributing copies of it, whether free of charge or for sale renting or lending...
Continue Reading

How to Register Copyright in Canada

Canadian photographers are just as concerned as photographers of any other country about how to protect their copyright. This article will discuss copyright considerations for Canadian photographers and specifically why you might formally register your copyright in an image under Canadian law. Copyright under Canadian law is detailed in the Copyright Act (R.S.C., 1985, c....
Continue Reading

Legalities of using quotations from published works that are in the public domain

Oh, you really want to use that cute quote to accompany one of your photographs? Or you’re looking to create a product for your studio or your e-commerce store? But can you just use any quote you like? Is it okay if you make sure you attribute the quote to the person who said it...
Continue Reading

Australian Copyright Considerations for Photographers

Copyright law in Australia has some different features from US, UK and Canadian copyright law. Copyright in Australia is covered by the Copyright Act 1968 (Cth).   Firstly, there is no requirement for registration, nor does a copyright notice needed to be attached to an image. While the general rule in Australia is that the...
Continue Reading

Can I play music during a photo shoot?

Whether inside or outside, sometimes you just want to help your clients relax and allow their personalities to shine. One way some photographers do this is to play some music before or during the photoshoot. It makes sense, music has a wonderful ability to evoke positive emotions and to encourage people to drop some of...
Continue Reading

What do you do when a client asks you to edit photos from another photographer?

For many photographers the knee jerk answer to a client asking you to edit photographs taken by another photographer is no, or no way. But, no might not always need be your answer. Now, just hang with us for a couple of minutes while I explain.  Let’s talk first about the questions you need to...
Continue Reading

Senior Photo Sessions & Underage Clients

Senior Sessions: Client was under 18 at the time of session but is now over 18. Commercial client wants to purchase usage rights of images of the senior. Is a new model release required? The answer to the questions of whether a new model release is required with a client who was under 18, but...
Continue Reading

Are oral agreements for second shooters legit?

Do you make oral agreements for second shooters? Second shooters can be of great help to event photographers, particularly wedding photographers; they can help you capture parts of the event that you just wouldn’t get to otherwise. They are also the place many photographers begin if they are interested in specializing in wedding or event...
Continue Reading

Outsourcing Editing & Other Legal Considerations

When considering outsourcing your editing or offering photo editing services to other photographers there are some legal issues to consider and things you may want to think about before you enter into a contract involved outsourced editing services. Let’s start with some questions to help frame our discussion and provoke you as you consider, reflect,...
Continue Reading

How to transfer copyright to another party

So, you’ve got a great series of images or even just one fabulous image that you are really proud of, and someone comes along and asks to use that image to advertise their business or wants to print it on a T-shirt, and they offer you a deal you just can’t refuse. What do you...
Continue Reading
1 2 3
Messenger icon
Send message via your Messenger App

GDPR

  • Privacy Policy
  • Google Analytics

Privacy Policy

By using this Site, you are consenting to the collection, use, disclosure, and transfer of your information as described in this Policy (and any Privacy Notices that apply to you). If you do not consent to the collection, use, disclosure and transfer of your information as described in this Policy (and any Privacy Notices that apply to you), you may not use this Site. If you have questions about this Policy, or any Privacy Notice, please contact us using the information provided below.

You can read our full policy here.

Google Analytics

This website uses Google Analytics to collect anonymous information such as the number of visitors to the site, and the most popular pages.

Keeping this cookie enabled helps us to improve our website.