Photographer - Selling Photographs

Selling Photographs

The exclusive right of photographers to copy and use their products is protected by copyright. Countless industries purchase photographs for use in publications and on products. The photographs seen on magazine covers, in television advertising, on greeting cards or calendars, on websites, or on products and packages, have generally been purchased for this use, either directly from the photographer or through an agency that represents the photographer. A photographer uses a contract to sell the "license" or use of his or her photograph with exact controls regarding how often the photograph will be used, in what territory it will be used (for example U.S. or U.K. or other), and exactly for which products. This is usually referred to as usage fee and is used to distinguish from production fees (payment for the actual creation of a photograph or photographs). An additional contract and royalty would apply for each additional use of the photograph.

The time duration of the contract may be for one year or other duration. The photographer usually charges a royalty as well as a one-time fee, depending on the terms of the contract. The contract may be for non-exclusive use of the photograph (meaning the photographer can sell the same photograph for more than one use during the same year) or for exclusive use of the photograph (i.e. only that company may use the photograph during the term). The contract can also stipulate that the photographer is entitled to audit the company for determination of royalty payments. Royalties vary depending on the industry buying the photograph and the use, for example, royalties for a photograph used on a poster or in television advertising may be higher than the royalty for use on a limited run of brochures. A royalty is also often based on the size the photo will be used in a magazine or book and cover photos usually command higher fees than photos used elsewhere in a book or magazine.

Photos taken by a photographer while working on assignment often belong to the company or publication unless stipulated otherwise by contract. Professional portrait and wedding photographers often stipulate by contract that they retain the copyright on wedding photos or portrait photos, so that only they can sell further prints of the photographs to the consumer, rather than the customer reproducing the photos by other means. If the customer wishes to be able to reproduce the photos themselves, they may discuss an alternative contract with the photographer in advance before the pictures are taken, in which a larger up front fee may be paid in exchange for reprint rights passing to the customer.

There are major companies who have maintained catalogues of stock photography and images for decades, such as Getty Images and others. Since the turn of the 21st century many online stock photography catalogues have appeared that invite photographers to sell their photos online easily and quickly, but often for very little money, without a royalty, and without control over the use of the photo, the market it will be used in, the products it will be used on, time duration, etc.