So...when I do shoots, the copyright resides with the photographer. I don't purchase the rights to photos outright because it's expensive, and I don't really need to. What I do purchase is their time/expertise + a license to use. I have the right to use the images we make...
On my blog, social media channels, and other Lingerie Addict-associated digital platforms. What I don't have the rights to do are things like use one of their photos in a book without permission or sell a print without permission.
(This is why, for example, I can't sell prints from The Togfather shoot. He has the rights to that. I do not.)
In addition to holding the copyright of the work, the photographer also has the rights to use that work to promote *their own business.* For example, to include it on their social feeds or in their portfolio. They can use their work of me to get more work.
What they do *not* have the right to do is sell that work on to another company or corporation (for example, if a brand I'm wearing wants to use that photo in an ad campaign). Because even though the photographer has the copyright, I still retain my own rights of publicity.
You'll notice, this agreement to rights and terms exists exclusively between the photographer and myself. There are no third parties involved, unless both of us agree to, essentially, share our rights with a third party...such as a brand.
This is why brands I do Instagram posts with can only use my photos on Instagram. Those are the terms of the usage/license contract between them, myself, and the photographer. I never sell my publicity rights outright, and most photographers don't sell their copyrights.
When a brand uses a photo of me in a shoot I've produced without permission in their marketing and advertising, they've violated the rights of two parties: the photographer and myself. And they owe compensation to two parties: the photographer and myself.
A lot of bloggers don't pull apart the various rights involved in their imagery, but I hope breaking it down this way helps with knowing the language to use when working with brands (and what rights to cede) in campaigns.
I've seen a lot of campaigns from brands where they essentially write into the contract that they outright own whatever content you make. They can certainly include that in a contract, but your fee needs to be significantly higher if that's their demand.
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