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COPYRIGHT INFORMATION

Copyright can be confusing. What is copyright? Who owns what? Why all the fuss? How can I get copies made? These are all questions that frequently arise. This info sheet is designed to provide information to help my customers understand why professional photos cannot be copied.


WHAT IS COPYRIGHT?

The U.S. Constitution and the Federal Copyright Act give “copyright” protection to “authors” for their “original works,” such as photographs. Among the protections that copyright owners have are the exclusive rights to: make copies of the work, prepare other works based on the original, distribute copies of the work to the public by sale, rental, lease, or lending, and to publicly perform and display the work. These rights are protected by laws which provide for damages and criminal penalties for violations. Both the customer and the lab that violates copyright are subject to the law.


WHO OWNS WHAT?

The law says the “author” is the owner of the copyright. The author of a photo or image is the person who snapped the shutter or created the image. If you took the photo, you own the copyright. If a professional photographer took the photo for you, then he or she owns the copyright. If you purchase digital files from your session, you may use them for personal purposes unless we agree otherwise in writing. Professional use of headshot and branding images is covered below.


WHY ALL THE FUSS?

The primary reason is economic. I invest a great deal of time and creative energy in creating the experience, idea, theme, setting, pose, lighting, background and extra shots to get the right one. My session fees reflect that time and creative work. [Portrait sessions only: they also take into account that clients will purchase their prints and products from me.] If prints are made elsewhere, I lose the opportunity to recover the effort I put in. I’m also very concerned about my artistic integrity. Since my name is associated with the photos, I want complete control over the quality of products and reprints. Many people think that, since they paid me to take their picture, they own the copyright. This is far from true. While you own the prints you purchased, you do not own the right to copy the work in any way.


HEADSHOTS, BRANDING AND PROFESSIONAL USE

Headshot and branding images are created for professional use. The person photographed may use their retouched files for [their website, social media, press materials, bio and business promotion, in print and online]. Files may not be resold, sublicensed to others, or used by another party without my permission. If a publisher, record label, agency or other company will use your images for books, advertising, packaging or other commercial purposes, please let me know up front so the right license can be included in your quote.


HOW CAN I GET COPIES MADE?

Contact me directly to place any orders for prints or products you may need.


FINES FOR COPYRIGHT INFRINGEMENT

Statutory damages for willful copyright infringement can reach $150,000 per work. In other words, if someone takes an image they did not create and publishes or reproduces it without the owner’s consent, they may be liable for substantial damages.


WHAT CAN’T I DO?

A few examples of what is considered copyright infringement include: scanning photos, photocopying photos, screen captures of online images for the purpose of printing, or reproducing photos for yourself or others.


Thank you in advance for adhering to these policies and respecting the value of my work.

Sincerely.

Jen Greer