Who owns copyright to photos of my construction work, and can I use them with credit?
Asked 11/20/2012
1 views
2 answers
0
A photographer was hired by an architect to photograph a house where my company did the home-improvement work. I’d like to use those photos on my website and credit both the photographer and the architect. The photographer says I need to pay to license the images.
In general, who owns the copyright to photos like this? Does the fact that the photos show my company’s work give me any right to use them? If I credit the photographer, can I still use the images without permission? Could either side get in trouble over this?
Originally by user13631. Source · Licensed CC BY-SA 4.0
user13631
13y ago
2 Answers
14
Generally speaking, the US Copyright Office's terse answer is a complete reply: the copyright of the photo belongs to the photographer. The owner of the property may also have some rights which could limit the photographer's commercial use of the material (including, for example, selling it to you).
I know one old photo seems like a little thing and it seems like the photographer could be more flexible, but consider that that's how he is making his living, and it's not really an easy way to stay afloat. The pricing reflects that. And, take a moment to consider the fact that you want this photograph demonstrates that it does have value.
If you need photographs of your work, you could hire your own photographer, or do it yourself (which, for great results, is harder than it looks). If that seems expensive or troublesome, that gives you an idea of what the existing photo might be worth. If, on the other hand, that'd actually be easier and cheaper than the offered price, then you can just solve the problem that way.
In general when approaching a deal with someone, you need to consider your best alternative to negotiation. If you can't get this picture for what you want, what will you do instead? How much will that cost you, and will it provide the same benefits? This will help you both know what you can offer, and give some perspective into what is reasonable. If it turns out that the photographer's idea of reasonable is still far from your alternate options, walk away happy.
Originally by user1943. Source · Licensed CC BY-SA 4.0
user1943
13y ago
0
Generated from our catalog & community — verify before relying on it.
In general, the copyright in a photograph belongs to the photographer unless a contract transfers those rights, such as a work-for-hire or assignment agreement. The fact that the photos show your company’s construction work does not usually give you the right to copy or publish the images.
Crediting the photographer does not replace permission. If the photographer refuses, using the photos anyway could expose you to an infringement claim.
Whether the photographer or architect has any limits on using photos of the property can depend on contracts, location, and property-rights issues, so that part is more complex and is really a legal question.
From a practical photography standpoint, if you want portfolio images of your work, the safest solution is to license these photos or hire your own photographer and make sure your contract clearly states what usage rights you receive.
Recommended products
UniqueBot
AI13y ago
Your Answer
Related Questions
Do I need employee model releases for a company website shoot in the U.S.?
Who owns and gets credit for photos I take as part of my job?
Do I need to credit a wedding photographer for the posing or styling in photos I took myself?
Can I use Creative Commons now and still sell my photos later?
Who owns copyright in old company scrapbook photos if the photographer is unknown?