Tuesday, January 1, 2019

What is the difference between copyright release and a print release?

A copyright release document releases the copyright from the photographer and transfers it over to the client. The client can then do whatever they wish with the image(s).

A print release document allows the client to print the photographer’s image(s) for personal use, while the photographer maintains copyright of the image(s).  Note that this release only applies to you and not to anyone else.  You may not send the image file to other people and let them print or otherwise reproduce.

Who owns copyright to my images?

Under the Canadian Copyright Act, photographs are protected just like any other artistic works such as sculptures, paintings, drawings and engravings. Whether you take the photo on your smart phone or with your camera, that image is protected under Canadian copyright law.  Due to recent changes to law, any images taken on or after November 7, 2012, the photographer/author is the first owner of the copyright.

The photographer owns the copyright in any commissioned photographs they take and can use them however they like. However, the individuals who commission the photographs are able to make personal or non-commercial use of the photos if they have paid for them. For example, a bride or groom that hired a photographer for their wedding can print photos for their house or to give to family members without infringing on the photographer’s copyright.  There should always be a contract between the parties for any shift in copyright and specific uses.

Can I use any image I find online for my own website or other commercial purposes?

You must, at the very least, ask permission to use any image (or video or song) you find online.  Remember, this work was created by someone.  Licensing fees are typically charged according to the intended scope of use.  You can potentially save yourself from an expensive copyright fight by doing the right thing and asking for permission first.