Why hire a photographer?
Photography plays a crucial part in your branding (print material, website, proposals, publications, social media)
Pitching tool. Helps a client understand your thought process and intent behind your designs.
Emphasise on highlighting the best features. Option to correct or avoid any deficiencies.
Images have reach.
It helps establish you in a competitive industry.
Can we share the cost?
Absolutely. Quite often the cost of the shoot is shared amongst one or a few individuals / businesses (architects, designers and contractors). This generates a discount for all involved, as well as having a lower cost image licensing granted to them. I highly recommend cost sharing!
Who can use the photographs we're hiring you to produce?
As the commissioning party, you’ll be granted a non-exclusive license to the photographs you receive from the shoot. If there are other businesses or individuals interested in using the images, they may either buy-in on the shoot from the beginning (cost sharing) or purchase image/s license afterwards. If you’re feeling generous, you’re also welcome to add a gift-license to your invoice for another party who worked on the project (like an independent interior designer, contractor, etc.). Only those that have paid for my services or have bought a license to a set of images will be granted rights to use my photographs to promote their business. Businesses and magazines can purchase a license to my photography at any time.
Real Estate Photography:
Our images are copyright to Joseph Koprek Commercial; the price you pay for the photo shoot covers the time to take the photos at the property. We license the photos to the agent for the term of the listing. Generally, we own the copyright to all material produced for our clients, with an option to ‘buy out’ the creatives for further, unrestricted use. We are paid to derive the images and multimedia for our clients, and we offer a basic license for use of the material for the sole purpose of marketing real estate under one contract with one agent.
How is copyright created?
Copyright in a photograph is created the instant a photograph is taken. The photo that’s created when the shutter is opened, and the digital sensor or film is exposed, is protected by the Copyright Act. The photo does not have to be original. Essentially the image is copyright simply because it has been created by the photographer, even if it does look pretty much the same as every other photo taken of the same subject. In Australia, copyright protection is instant and free, and there is no need to register photos. The photographer owns the copyright to the photograph right away, and it lasts for 70 years after their death.
Who owns copyright?
Over the years, there have been different rules in the Act about who owns copyright. Nowadays, for commercial work, it’s the photographer who owns copyright, not the person or people in a shot, nor the owner of the building where it was taken, nor the stylist, nor the person who commissioned the photo. There are two important situations when the photographer does not own copyright; when photographs are taken ‘for private or domestic purposes’, such as wedding and family portrait shots, and when photographs are taken for State, Federal and Territory governments and agencies (but not local councils). However, all these situations can be changed by contract. As copyright owner, the photographer has the right to control copying, reproduction, distribution and display of the photographs. Photography (or any other creative process like painting or music) is no different to the IT arena. You may legitimately own a disc with Windows Vista on it, but that doesn’t mean you have the right to copy and pass it on to others. It’s important to recognise the difference between the media that the picture is supplied on (print, film, CD or flash drive), and the content (the image itself). Remember, only the copyright holder can license rights.
Common misuse examples:
The house has been sold, and the new owner wants to sell it again. The real estate agent puts up the same photos or gives them to another agent.
The agent gives the photos to the designer, builder or stylist. All other creatives should license the photos too.
The owner gets the photos for private use (allowed) and then puts them up on Air bnb, another rental site, or to another real estate agent (not allowed).
The builder or a designer license the photos for their portfolio with a perpetual license, and then sells them to a magazine.
A third party posts images on social media without an image license.
What about licensing in the age of social media?
Social media can seem like a free-for-all, but it most certainly is not. Creating content with a frequency that resonates with your customer base and increases engagement will ultimately drive new business and sustain current relationships. This strategy is undeniably successful these days. Although creating a social media profile and posting daily is currently free, the use of someone else’s images implies that you’ve paid for the license to use those images to promote your business to the masses. The commercial license included in your purchase of my photography includes your right, and your right only, to publish and post on social media profiles and website owned, operated, and under your company’s brand only (and in some rare cases, a higher fee may be assessed to include multinational parent companies and subsidiaries). But, companies who have not purchased a license to use my photography will be committing copyright infringement if they post my work without permission.
Copyright Notice for this Website
The images and writings on this website are © Joseph Koprek Commercial. They may not be reproduced, copied, projected, used, or altered in any way, alone or with any other image(s) writing(s), by use of a computer or other electronic or physical means, without specific permission from Joseph Koprek Commercial.