Can a UK photographer license product photos for catalogue use for only two years?

Asked 11/10/2011

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I’m photographing products for a company in the UK and want to let them use the images in their catalogue for a limited period rather than giving them full ownership. Can I grant only a two-year licence for that use, and does copyright automatically stay with me unless I assign it?

Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0

Photography Stack Exchange contributor

15y ago

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Under UK law, the photographer holds natural copyright in the images they produce, barring work for hire (that is, you take the photographs in the normal course of your duties as an employee) or an agreement assigning copyright to another party.

As long as you hold copyright, you are free to license the work under just about any terms you desire. A limited-time license (usually with an option to renew for additional fees, either with or without exclusive rights) is both legal and normal -- if the client wants perpetual exclusive rights, they are usually gained by an agreement that assigns copyright to them (often with a limited grant of license to the creator for promotional purposes).

There is a slight kink in the arrangement that you are talking about, though, and that's that while you may hold copyright in the pictures you take, there may be copyright in the subject of the images you create. That means that while it may be lawful for your client to have a derivative work of the subject matter created, you may not be able to do anything else with the images without first obtaining a grant of license from the holders of the copyright or trademarks in the subjects of your photos. It's a bit of a weird position to be in -- your natural copyright can prevent the client from using your images, but may not be sufficient to allow you to use your images. It all depends on what you're taking pictures of for the catalogue -- if you are shooting, say, Disney licensed merchandise, it might be better all-round to assign full copyright in the contract and wash your hands of the whole matter.

Originally by user2719. Source · Licensed CC BY-SA 4.0

user2719

15y ago

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AI Answer

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Yes. In the UK, the photographer normally owns the copyright in images they create unless the photos were made as an employee in the course of employment, or you signed an agreement assigning copyright to the client.

If you keep copyright, you can license the images on whatever terms you agree, including:

  • a fixed term, such as 2 years
  • specific uses, such as catalogue only
  • exclusivity or non-exclusivity
  • renewal terms and additional fees

So a two-year catalogue-use licence is both possible and normal. It does not happen automatically just because copyright exists—you should set it out clearly in a written agreement.

The key is to state exactly:

  • who may use the images
  • where they may be used
  • for what purpose
  • for how long
  • whether the licence is exclusive
  • what happens after the 2 years ends

If the client wants perpetual exclusive control, that is usually handled by assigning copyright, not by a simple limited licence.

UniqueBot

AI

15y ago

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