Licensing

Stock photographs are sold by by purchasing a right to use an image under terms set out in a license. The rights are set out in the license, a legally binding agreement between the buyer and the seller. What the licenses actually say varies, but there are traditionally three categories. Because at Photoconnect buyers can deal directly with photographers or libraries there can often be more flexibility in these arrangements.

If an image file download is available and you follow that option then the way that the image is available will be set out on the site providing the download.

The licences are:

Traditional usage license

Rights-managed images are sold with a fee based on the buyer's specified use. The fee is calculated from several factors including size, placement, duration of use and geographic distribution. It also takes account of who is using it. It essentially prices images according to their value to the buyer's business.

Prices may sometimes be less than licences for an equivalent royalty free image. More often there simply will not be an equivalent royalty free image - this value is reflected in the pricing.

Buyers and sellers have to be aware that use is restricted and buyers and sellers must stick to the terms of the license agreement which is there to support the value placed on the image.

If you choose a traditional license then you will get greater (but not complete) exclusivity and the photographer will be able to tell you if there is any previous use that might affect your own business's use of the image. (Under a royalty free license you may find that a competitor has used the same image in a way that may be embarrassing).

Royalty free

"Royalty-free" means that the buyer pays once for an image that can be used by the buyer (but not passed on to any one else) for multiple purposes over an unlimited period of time. Other buyers may have acquired similar rights which mean that the same image can be sold many times over. If it is important to a buyer that the particular image is only associated with the buyer then it would be wise to purchase an alternative licence.

Fees for royalty-free images are the same for every purchaser whether a huge company seeking to use the image on its website, or a one man business intending to use it in a brochure; the only factor that alters the cost is the file size purchased.

Royalty free has the advantage of being simple to understand for both photographer (who need not worry about policing usage by the buyer) and the buyer who is relieved of the burden of having to monitor use. Some photographers confuse selling royalty free with selling their copyright. This is not the case - however once an image has been sold on a royalty free basis, sales under other license arrangements are not usually possible.

There seems to be a stigma with buying and selling on a royalty free basis - much of this is connected with the prevalence of bulk royalty free images on compact discs and also the so called microstock sites which sell images for a few dollars. As a buyer of such an image you can be relatively sure that there will be many other users of the image out there. This may be a concern or may not depending on your circumstances. When buying from Photoconnect you can talk directly to a photographer about whether an image has previously been sold. If not, you will be the exclusive user until another license is subsequently sold.

Here is an example of a royalty free license. It does not mean that you can use the image for any purpose and certain uses are restricted. What you can or can't do with an image will be specified in the license. So if buying a royalty free image then you still need to be careful how you use it - for example, most royalty free licenses prohibit use of an image on T-Shirts etc.

Reserved rights

Why buy a traditional license when you can buy royalty free?

Buying a traditional license means that the photograph should not be available in the royalty free markets. This makes it less likely that a competitor or other user will use the image in a way that could undermine your own use. In fact you can stipulate absolute exclusivity, or exclusivity of industry or territorial use by purchasing a reserved rights image.

And royalty free is not always the cheapest option - ask the photographer if uncertain on how to proceed.

Buying direct from the photographer can mean flexible licensing......

Until an image has been sold, when dealing direct with a photographer you may have some flexibility over licensing arrangements.

First sales of such images will set a precedent that will impact licenses availability on subsequent sales.

For photographers this approach keeps the market for an image open to the widest range of buyers.

For buyers there is more flexibility and a purchase of the 'right' image will not be ruled out because the license does not fit.

How does this work?

Where an image is also available through an agency the specific license there will likely restrict what is available when dealing direct with a photographer.

Image use

Whatever the licensing arrangement you only get the use specified in the license. The photographer does not see that use and you as a buyer need to consider models, property or brands featured in photos. Here you should check with the photographer what releases are available and whether the releases make the photograph suitable for the use you have in mind. It is you the buyer who an aggrieved model or brand will pursue if the use to which you put a photo is inappropriate.

Copyright

All images at Photoconnect are and will remain the copyright of the photographer.

When you purchase a photograph for any use you will normally be entitled to make minor alteration (sizing, contrast etc) to suit the use to which it is put. You may not copy the image in whole or part for use in any way not permitted by your licence.