Use of my images for Commercial Gain

As a supplier myself I know how important it is to have one’s business promoted through professional images. It is no surprise that following an event such as a wedding I receive requests for my photos to be used by venue’s, MUAs, florists etc. As a business I am only too happy to work with other businesses to promote my work and theirs subject to permission being granted. Many suppliers ask for photos so they can use them on their websites and social media. Creating unique content costs a lot of money and resource.It is therefore cheaper and much more convenient to ask a couple to send photographs from their wedding.

If my images are used without consent or crediting my work everyone gains except me the photographer. My images are the result of many years of work, sacrifice and investment. There is no gain to me as a photographer if my work is used without consent or credit, especially for example on a venue’s website where the images are helping to generate many £1000s in revenue.

It is not always clear at first who needs to grant permission for the images to be used, especially if a Bride and Groom for example have offered to provide a supplier with their wedding photos. However it is the photographer who always owns the copyright and must always be consulted if their images are used. Failure to obtain permission may result in legal action being taken to protect the intellectual property right of the work. The copyright is in place to protect both the photographer and the couple.

Requesting use of the images

In all cases the photographer is the first point of contact for any use of the photos. If a supplier would like to use the photos then there are three different levels of use:

Suppliers can use watermarked images from my blogs/website and credit Chris Fossey Photography using website links and the appropriate social media tag. The watermark cannot be removed or any filters added to the image.
Use on blogs – the images can be used on blogs subject to me granting permission with hyperlinks and a credit in a prominent location. Images cannot be used for main website content without credit. If images are subsequently used without credit on a supplier’s website then this will be a breach of agreement.
Use on a website/marketing/print etc to promote a business without credit. If a supplier would like to use the images on their website without credit such as a main website banner or in print media then a fee will be payable depending on the number of images required and their use. A license for use will also be drawn up.

These Terms & Conditions form part of the Agreement between the Wedding Photographer trading as Chris Fossey Photography and the Client. By making a Wedding Photography booking the Client has already agreed to the Terms & Conditions.

If approached by a supplier, in all cases the couple must refer requests to the Photographer trading as Chris Fossey Photography. The Clients are free to use the photos for their own personal non-commercial use such as producing prints, photo books/albums or sharing the photos online. Clients are not permitted to sell the photos or use them for any commercial purposes such as providing the images to Wedding Suppliers. This is known as a License to use photographs protected under copyright law.

The Clients have agreed that the Photographer may use any photograph/image for publicity & advertising purposes to promote Chris Fossey Photography, this may include publication on the Photographer’s website for example through a Photographer’s Blog or by using the photos to showcase my work.

License to use photographs protected under copyright law

Chris Fossey, trading as ‘Chris Fossey Photography’ asserts its rights to be identified as the copyright owner of the works described in this License Agreement under the 1988 Copyright, Design and Patents Act, 1988. The photographs supplied are protected under the 1988 Copyright, Design and Patents Act, 1988 and the rest of the world.

This License Agreement sets out the terms and conditions under which the licensor is permitted to use the photographs supplied under this License Agreement. This agreement may not be varied without the express written permission of Chris Fossey Photography.

The Client/s named in the agreement ‘the licensee’ are hereby licensed to use the wedding photographs taken by Chris Fossey Photography ‘the licensor’ at their wedding (and engagement shoot if applicable) for personal use only.

With a license to print you can the couple may:Produce prints on a non-profit basis.
Privately share the files with friends and family.
Make your own albums, prints etc.
Post on social media personal accounts.

What is not permitted under this license agreement.

Re-selling the files or prints made from those files, this includes selling as stock images.
Enter the images into competitions etc.
Sell for commercial gain.
Amend image files in any way including altering embedded file data.
Sale to third parties, distribution to the media including newspapers, magazines, blogs, commercial social media pages and feeds, photographic and digital image libraries, commercial websites or retail outlets.
Provide suppliers or wedding venues with the images without permission from the Photographer.

Contact me

Suppliers will need to contact the Photographer directly to obtain permission to use any imagery. It is the Client’s responsibility to ensure that any photographs shared are not misused in any way as described in this license agreement. Usage for other purposes may require a royalty payment being made to Chris Fossey Photography. Where unauthorised usage has been found to have taken place, the copyright owner reserves the right to charge for any unauthorised use, including any legal costs incurred in recovering any and all monies due.