Digital Images and the Subject of Copyright

In terms of wedding photography the topic of digital images and copyright is potentially huge. Initial conversations around this subject are often prelude to one almighty unleashing of worms from one proverbial can.

On this occasion I am going to steer clear from the moral maze of whether or not I agree with the concept and simply explain the specifics around it and my own thoughts on how to treat the matter carefully and with the respect it deserves.

The 1988 Copyright, Designs and Patents Act states that from the instant the shutter is clicked, your wedding photographer will own copyright for any images s/he takes on your wedding day. It doesn’t matter whether you disagree with this, and whether you think that because you are paying for the images to be taken then they should be yours etc - it’s irrelevant. The law states that you do not.

It may be that you simply don’t care, and all you require from your wedding photographer is a wonderful album, which is great. If however you do have the desire to own a copy of those images then you need to request a “Reproduction Agreement”  and a “Reproduction Release” from the photographer to ensure that you are granted the necessary permission to make printed copies of the images.

It is important to understand the difference here, as many couples will request “copyright” without actually realising the implications of this. Should a photographer grant you copyright ownership of these images, it will actually mean that they cannot legally fulfil their role as your photographer. Without your written permission, they will be unable to print your wedding images for inclusion in your album, they will be unable to load the images onto an online gallery or fulfil reprint requests from your friends and family (and this really is not something you want to attempt yourself - without the back office processes in place, it would be a huge nightmare!). They will also be unable to use any of the wedding images in printed or online portfolios.

This last point is quite important, as it allows us to showcase our very best work, and most of our couples are delighted to know that we are using their gorgeous wedding images to promote what we do, and how well we do it!

There will, or should, usually be a clause in the photography contract you sign, stating that you give permission to your photographer to “display any image/s taken in their studios, portfolios, literature, web-site, wedding exhibitions and advertising” or something to that effect. As well as this, it is often the case that the above clause is accompanied by the following; “No use of the image/s will be made by the studio for other commercial reason except with the written permission of the Client”

This is as straightforward as it sounds - you’re allowing the photographer to use the imagery for promotion of their business, but not for anything else unless you’re asked. Any deviation from this is rather naughty indeed.

In summary, if you have agreed with your photographer to purchase a copy of the high resolution images from your wedding, there is no need for you to own copyright - a reproduction release and reproduction agreement is all that is required.

If, despite this, you still feel the need to own copyright, be careful. The response you get might not be what you had hoped for. On a personal note, neither I, nor any of the established and quality photographers I know, will ever hand over copyright of the images that we take on a wedding day. Full stop. And why would we?

Apart from the fact that it’s far more hassle than it’s worth for all parties involved, it amounts to simply giving away the very essence of what we do, the very thing that makes us who we are. Most importantly, it prevents us from being able to perform our role as wedding photographers.

Naturally, there will be those who disagree with the philosophy and that’s fine - you cannot please all of the people all of the time! There will be those photographers who simply don’t worry, or care, about giving away copyright and I make no judgement of them.

There are those of us on the other hand, who believe in maintaining what we believe to be the integrity of our brand, our service and our profession, and you will have a mighty hard job trying to convince us otherwise!

Article by Surrey Wedding Photographer Matt Pereira

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