Tips, tricks and advice for advertising management and print production.
Jennifer | 9:37 am | December 10, 2007 | copyright, suppliers, process, General
With the advent of royalty-free photo sites everywhere, it’s tempting to think that purchasing a photo or illustration is like buying a piece of equipment. It isn’t. When you purchase photos, illustrations or fonts, you’re actually buying the right to use them in your work.
Many illustrators and photographers refuse to hand over copyright and that’s ok, you don’t need it. What you want to buy is an exclusive, unlimited usage license. The reason for the distinction is that if you own the copyright then the photographer or illustrator is legally unable to create copies of the work for use in their own portfolios or on their own websites. Paying for a “full buyout” or the exclusive, unlimited use means that no other company can use the image, and your company can use the image anywhere, anytime, in perpetuity.
If you don’t have the money or need for the full buyout, you can purchase a smaller license. You can buy usage for one year, or a small geographic area. Generally, if it’s a photoshoot you’ve arranged, there’s no point in the reduced license as the cost of the shoot will include the full buyout license for a nominal fee. However, if you’ve found the image on a website and want it for your work, take a look at how you wish to use it and negotiate with the photographer based on that usage.
Once you have the high res illustration or image, make sure you track usage! If you have not purchased a full buyout and your rights are limited you need to be sure that you don’t illegally reproduce the image. If that happens, contact the photographer or illustrator right away, and they’ll negotiate a reasonable re-use fee (normally a 50% discount is applied for all uses after the first) with you.
If you use images without a license, you’re opening your company up to fines that could be well in excess of what you might have paid through a license. The internet has allowed photographers, designers and illustrators to police their work, so don’t try to save money by using images without compensation.
I should bring up a special note with regards to fonts. Like images, you buy usage rights, not the font outright. There are many free font sites out there, make sure you look at the fontographer’s notes. Many fontographers do not grant free use for commercial interests. If you’re using it in your advertising, you’ll need to get the ok from the originator of the font.