Why do photographers have contracts that give them copyright of the images?
Similar to an artist or an architect, the ideas the photographer uses when creating photographs are their intellectual property so they need to protect their ideas from being stolen, replicated, or misused. It is standard practice internationally for the ownership of creative work to belong to the creator. Under current New Zealand law, in order for photographers to ensure that they own the copyright of the images taken for a client, it is necessary for them to do this by obtaining agreement from the client. This is usually obtained at the commencement of the arrangement.
Why can’t I own the copyright of images?
Wedding and Portrait Professional photographers will typically follow a business model where they charge less for the engagement up front, so the client only pays for what they purchase in terms of prints or albums. Therefore to protect a photographers reputation they need to maintain control over the handling and reproduction of these images so they aren’t printed poorly for example. If a photographer agrees to leave the copyright of their work with the client, they lose that control and the ability to earn an income through print or album sales.
In what cases are photographers allowed to use my images then?
Typically a photographer will work with a contract that incorporates the NZIPP Standard Terms and Conditions. Agreement to these terms gives rights to the photographer to use the images for a variety of purposes for example: submission for awards, advertising, selling copies to your relatives. Remember, your involvement with a photographer is probably only as a result of seeing work they created for other clients. If you are not happy with any of these arrangements then you must spell this out in writing and providing the photographer agrees, have it signed by both you and the photographer prior to engaging the photographer’s services.
Who do I contact if I have any concerns about my images?