Releases vs Copyright

I want to discuss the difference between releases and copyright in this post. Disclaimer: I am not a lawyer and the below does not constitute legal advice in any manner nor the need to consult with a lawyer concerning the readers specific needs. Instead, this is general discussion on the differences between these two subjects. 

To start, it is important to understand that:

• A release is a legal document that defines who can use images created from a session/shoot and how they can be used.  
  
• Copyright is who legally owns the images created by the photographer.
  
• A quick way to remember the difference is RELEASE = USE and COPYRIGHT=OWNERSHIP.
  

Unless the client or model wishes to own the copyright, they only need to know if a release will be used and, if so, what it says. To get a better understanding of releases, please continue reading.

UNDERSTANDING RELEASES

When shooting clients and models, these are generally referred to, but not always, as Model or Client Releases. Clients and models own the rights to their looks and likeness and, generally speaking, images that contain those looks and likeness cannot be used commercially (e.g., sold or licensed for use to others beside the client or model, incorporated into other images that are sold or licensed to others, etc.) without obtaining signed consent. A signed release from the client or model gives authority to the listed individual (photographer) or entity (studio) and anyone else listed (this is usually the family members of the photographer) to use images that were created during that timeframe (shoot) in the manner defined in the release.  Note that:

• A RELEASE IS NOT REQUIRED TO POSE FOR IMAGES.
• A RELEASE IS NOT REQUIRED TO HAVE IMAGES OR VIDEO CREATED.
• A RELEASE IS NOT REQUIRED TO EDIT IMAGES. 
  
• A RELEASE IS NOT REQUIRED TO GIVE IMAGES TO THE CLIENT OR MODEL.
  
•  A RELEASE IS NOT REQUIRED TO SELL IMAGES OF THE CLIENT TO THE CLIENT! 
  

Usually, a release is a separate form; however, it can sometimes be embedded within the session/shoot agreement or contract (there is a difference between agreements and contracts, but I won’t go into that now). This is why it is essential to thoroughly read the agreement/contract and understand how the images may be used before signing, as you may be allowing the photographer or studio to use images from your session/shoot for their advertising even though you are paying them. I am not referring to the client or model being asked if images from your session/shoot can be used and agreeing to it. Instead, I’m referring to having a session/shoot (whether paid for or free) to find out later that images from that session/shoot are being used or sold to others without your knowledge.

Why is this an issue for me? I respect my client’s and model’s privacy and am amazed at what is being used by some for marketing purposes and to generate income. Every time I see full sessions posted (which may also include topless or nude images), I’m left questioning whether the client/model knows and understands about this usage and agrees to it. I can’t imagine how it would feel for their children (or worse, their children’s friends), family members, or friends to see images they don’t want shared. This isn’t just about clients either. I know models that have had images used without their permission, resulting in them losing their jobs and other modeling opportunities. Thus, I’m passionate about ensuring clients and models understand what a release is so they are not taken advantage of.  

To recap, remember that a release allows the photographer to modify, use, and sell images (or the rights to use the images, which is called licensing) from that session/shoot to others. It is not a permission form required to participate in a session/shoot. That’s it! 

A QUICK BIT ON COPYRIGHT

As soon as an image is created, whether it is light exposing film or the sensor sending data to the storage device, that image becomes the property of the photographer. This is known as copyright. It doesn’t matter how bad or good the image is; it is about the creative process. In the case of photography, that happens when the image is captured after the shutter activates or the video record button is pressed. 

When clients or models receive digital prints or images, they are not receiving the copyright to those products. Instead, they receive a licensed product from the photographer or studio with use restrictions. This is why it is illegal to take a delivered image, make copies of it, and then use it in a manner not approved by the copyright holder. It also needs to be pointed out that the delivery of RAW files does not transfer copyright ownership. Transfer of copyright ownership requires the agreement of the copyright owner along with a particular legal document, customarily called a Copyright Transfer Agreement. Note that no law requires the current copyright holder to transfer the copyright to another. So, just because the client or model desires it, the copyright holder does not have to agree to the transfer.