Photography Copyrights
THE COPYRIGHT LAWS & REGULATIONS APPLY TO EVERY PHOTOGRAPHER OR PHOTOGRAPHY COMPANY ON THE PLANET. OUR GOAL IS TO EDUCATE ALL OF OUR CLIENTS ABOUT THE PROPER USE, COPYRIGHT AND REGULATIONS OF THE PHOTOGRAPHY AND VIDEO WE PROVIDE. IN ORDER TO DELIVER A TOP QUALITY PRODUCT WITHOUT ANY POST LEGAL ISSUES IT IS IMPORTANT THAT OUR CLIENT KNOW THEIR RIGHTS.
PHOTOGRAPHIKA, INC. DOES NOT MAKE THE COPYRIGHT LAWS & REGULATIONS, WE FOLLOW THEM!
Thank you for selecting Photographika, Inc. for your corporate event photography and video services. As most know Photography and Video are intellectual property and are protected by National and International Copyright Laws and Regulations. This portion of our website provides information about the Copyrights of our work and the Usage License terms for the final photos and videos we deliver in regards of their use. Please read carefully all the text provided and if additional information is needed, please follow the links provided.
Photography and video services come in 2 separate parts to deliver the final product after the shoot is secured.
- Part # 1 is the labor, this is the photographer or video man on-site capturing the photos or the video.
- Part # 2 is the Copyrights ( Intellectual Properties) of each photo and video file.
Photography & Video Copyrights in the United States of America are governed by the US Copyright Office in Washington D.C. and the Copyright Law is created to protect both the creator (copyright owner) and the client (the person or entity using the photos). Improper use of photos and video is considered a Copyright Infringement and it is a punishable crime according to the Federal Law.
Photographika, Inc. provides photography and video services as an independent contractor (vendor), and is NOT an employee of the event organizer, the event owner or any of the persons or entities involved, therefore, Photographika, Inc is the sole and exclusive copyright owner of each and every photo and video frame (file) captured during the event – digital or analog.
Each digital file – photo and video delivered is embedded with Copyright Information, Usage Licence information as well as a very specific digital mark issued specifically to Photographika, Inc. by DIGIMARK®. This digital mark allows Photographika, Inc to track each and every photo used in cyber space via special code which tracks all of our photos. The special code is invisible and does not affect the quality of the image, it can not be altered or removed via any available image editing software on the market today and it remains with each photo even after it is altered, renamed or digitally manipulated. The embedded metadata, Copyright Information & Usage Licence Information is not to be altered, changed or removed from the file’s metadata by means of image editing software of any kind, unless otherwise agreed upon in writing and all copyright and proper fees are arranged.
The final delivered images will be in JPEG format 12 x 8 inches @ 300 dpi. Each photo is carefully edited and color corrected ready to be used. No images may be altered, edited, cropped, color corrected or manipulated without the written permission from the copyright owner. If the client has received a back-up copy on-site on a hard drive or any other digital media of all photo or video files to be used as part of the event presentations prior to editing by Photographika, Inc. these photos or video are not to be used for any and all purposes. Any use of the images is to be done with written permission only and in case of the provided final images and video are lost or destroyed.
If Photographika, Inc. is not providing the post production for video, all videos may be edited to fit the final project’s needs according to the clients requests.
A proper credit is to be given with each photo used: © Photographika Las Vegas.com | For “your event”
The credit is to be placed in the lower right corner of each photo used.
As a courtesy to our clients Photographika, Inc. provides the following options to our corporate clients.
OPTION # 1 – UNLIMITED NON-COMMERCIAL USAGE LICENCE – COST $0.00
- LENGTH OF TIME – UNLIMITED
- DISTRIBUTION – WORLDWIDE
MAY BE USED FOR:
- INTERNAL USE
- SOCIAL MEDIA USE – ALL COMPANY SOCIAL MEDIA PORTALS
- INTERNAL EDITORIAL USE – for internal company publications, news letters, & magazines, such as your conference magazine or monthly corporate publication.
MAY NOT BE USED FOR:
- PRINT & DIGITAL ADVERTISING
- PRODUCT OR SERVICE PROMOTION & ADVERTISING
- WEB & SOCIAL MEDIA ADVERTISING
- ANY AND ALL COMMERCIAL PURPOSES AND USES
- EDITORIAL PUBLICATIONS OUTSIDE OF INTERNAL PUBLICATIONS SOLD TO GENERAL PUBLIC
Option # 1 is the most common and preferred Usage Licence by our clients. The UNLIMITED NON-COMMERCIAL USAGE Licence is included as part of the original hourly or daily rate and there will NEVER be additional fees charged if photos are used according to the agreed upon terms. This option gives the end client the right to use the final provided photos or videos for any and all internal use, social media needs, internal editorial use, but not to be used for any and all commercial, promotional and advertising purposes – print or digital.
OPTION # 2 – COMMERCIAL USAGE LICENSE – COST TBD BASED ON USE
if the photos of videos provided are to be used for commercial, advertising, editorial or promotional purposes a Commercial Usage Licence will need to be purchased. The cost is based on many factors, such as Geo Location, number of photos, length of time, editorial distribution, number of uses and many other, so please be specific with your commercial use of the photos and videos.
OPTION # 3 – COPYRIGHT BUY OUT
A copyright buy out means the client wants to buy out the exclusive copyrights from Photographika, Inc and to become the exclusive copyright owner. Cost is based on per photo bases and is determined by number of factors which will be discussed upon request for a buy out.
OPTION # 4 – CUSTOM USAGE LICENSE
PHOTOGRAPHIKA, INC. OFFERS MANY OTHER USAGE LICENSES TO FIT YOUR NEEDS, SUCH AS WEB ONLY, PRINT ONLY AND SO ON. PLEASE LET US KNOW IN DETAIL ABOUT YOUR PHOTO USAGE NEEDS SO WE CAN CUSTOM TAILOR A USAGE LICENSE SPECIFIC TO YOU.
Basic Copyright guideline published by the PPA (Professional Photographer’s of America) www.PPA.com
Photographika, Inc. is a Proud Member of the Professional Photographer’s of America!
What is a copyright?
A copyright gives its owner the right to copy, distribute, publicly display or create derivative works from the original work. A copyright also gives its owner the right to license those rights to others.
What else does copyright cover?
The same law that protects photography also protects music, motion pictures, magazines, books, choreography, sculptures and more.
Who owns the copyright?
The photographer does! However, if the photographer is an employee, the employer owns the copyright.
How long does a copyright last?
The current copyright term is the life of the creator plus 70 years – or, for works “created” by a corporation, 95 years.
My client claims that since they hired our company and our photographer, they own the rights—is that true?
No. Your client is misinterpreting the legal term “work for hire.” Work-for-hire status grants a company the copyright to a work created by one of its employees during the scope of his or her employment. Your clients are hiring you or your company as an independent contractor—not an employee — so the work-for-hire claim does not apply.
How does the photographer transfer a copyright?
In order to be considered valid, a copyright transfer must be made in writing between the photographer or the photography company and person or firm requesting your copyrights.
Does owning the copyright mean I or my company can do anything I want with my images?
No. While you own the copyright to your work, your clients and subjects also have a right to privacy. Based on that, you should always have a signed model release on file.
If someone gives the photographer or the photography company a photo credit, does that mean they did not infringe?
No. Giving the photographer or the photography company a photo credit has no bearing on whether or not an infringement exists. Absent a written agreement to the contrary, the photographer and the photography company are the only one permitted to make copies of their work in most circumstances.
USAGE OF PHOTOS AND VIDEO FOR PORTFOLIO OF PHOTOGRAPHIKA
Photographika, Inc reserves the right to use any and all photos and video for portfolio purposes and may display the images or video selected as desired.