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Copyright of Press Photos: Transferable or Saleable?

03/07/2024 | by Patrick Fischer, M.Sc., Founder & Data Scientist: FDS

The world of media and press photography is marked by powerful images that often speak louder than a thousand words. However, who owns the rights to these impressive captures, and can they be transferred or even sold? The question of the transferability of copyrights in press photos raises intriguing considerations that impact not only photographers but also publishers and media entities.

Basics of Copyright in Press Photos:

Every photo created by a photographer automatically falls under copyright protection. This means that the photographer holds exclusive rights to use, distribute, and publish the image. This not only safeguards the creative work of the photographer but also allows control over the image's usage.

Transferability of Copyrights:

Whether the copyrights of press photos are transferable or saleable depends on various factors. In many cases, photographers can transfer their rights through licensing to third parties without relinquishing ownership of the copyrights. This enables publishers and media entities to use the photos for specific purposes while still recognizing the photographer as the creator.

Commercial Use and Sale:

In the case of commercial use of press photos, such as in advertising campaigns or books, a clear agreement about the transfer of usage rights can be made. In some instances, the complete ownership of copyrights can be sold for fair compensation.

Relevant Laws and Contracts:

It's important to note that laws and regulations regarding the transferability of copyrights may vary by country. Individual contracts and agreements also play a crucial role. Photographers and media entities should carefully examine which rights are being transferred and which remain with the creator.

Conclusion:

The transferability of copyrights in press photos provides a flexible foundation for collaboration between photographers and media. Clear agreements can address both the creative interests of photographers and the commercial needs of media entities. Ultimately, transparent communication and the drafting of detailed agreements are crucial to avoid potential misunderstandings and legal conflicts.

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