In this third chapter of my RED FLAGS series, I want to talk something that can be very subtle, and tough for consumers to understand– business practices and how you can spot someone with little knowledge about what they’re offering you. If you’re local to my area, you may have seen someone post an ad that read “copyrights included”. This is a massive red flag and the #1 clue that someone has no understanding of business.
RED FLAG #3 POOR UNDERSTANDING OF BUSINESS
From the US Copyright office:
Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression.
https://www.copyright.gov/what-is-copyright/
That means that the creator of the work is the owner of the created work. As soon as we press our shutter, a photographer’s copyright is granted to them as creator and owner. When a photographer “includes the copyright” as part of your purchase, ownership of the work transfers TO YOU. The photographer no longer has a legal right to the images. We cannot share them in our portfolios (we discussed here the importance of seeing a full portfolio) , we cannot use them in any of our marketing, we cannot share them on social media. If you’ve worked with a photographer who released their ownership/ copyright to YOU and that person is sharing YOUR images (that you’ve been given the ownership of) you have legal grounds to sue them and seek payment. Unless your contract states explicitly that ‘copyright is SHARED’ and I’m going to go out on a limb here and say a person doing this does not use contracts (another RED FLAG), the photographer has NO RIGHT to use your photos.
So why on earth would a photographer give up ownership of the work THEY created and THEY need for their portfolio?
We don’t.
While it’s true that copyright can be PURCHASED (industry standards for copyright sales vary from several thousand dollars per image, to tens of thousands of dollars per image), professional photographers with an understanding of how to operate their business do not give away their copyright to clients.
Copyright is also the reason it is ILLEGAL to offer “Grinch” Sessions, “Barbie” sessions… or anything that features a licensed character. Those characters are protected by their copyrights, and copyright infringement is a FEDERAL OFFENSE.
If you see someone offering licensed character sessions DO NOT BOOK!!
That person
a) doesn’t know copyright law
b) doesn’t care about copyright law
Ownership of copyright should be very clearly stated in the contract you sign- and if you’ve not been given a contract ASK FOR ONE. Someone who won’t provide a written detail of what you can both expect signal trouble.
Contracts are important documents for both client and photographer. Our contracts cover everything from what happens if one of us gets sick, to turn around times, editing expectations, and of course copyright information. If a photographer (or any contractor) does not want to work with a written contract and says to you that, ‘your pictures will be ready in five days’ and you don’t get your pictures for five months, there is *nothing* you can do about it. A conversation in court is your word vs theirs, a text message doesn’t always count as a contractual agreement. A signed contract in hand protects your agreement.
If someone so willingly disregards legalities, refuses to provide a contract of services, and/or offers you something that feels too good to be true run- do not walk- away. They have no idea what they’re doing, except ripping people off. Don’t let that person getting shammed be you.
When it comes to ‘too good to be true”, consider these red flags.
- Ask why their cost is so low– if they give you a “photography is my side gig/ my husband supports our family so I don’t have to charge as much” or other excuse as to why they don’t value their time, pass. You may hear, “Photography is my passion and everyone should have access,” ask if they are hobby photographers or professionals? If there’s a photographer you love, but they are out of your budget ask if they can provide a payment plan. So many of us can do this (myself included).
- Ask to see their portfolio of whatever type of work you’re booking. Look at their editing, look at their website. Are they able to provide the look you’re going for- if they even have photos of your request available? Do they specialize in the type of photography you’re hiring for and can they show you a portfolio?
- Demand a contract and DO NOT work with someone who doesn’t want to provide you one. Steer clear of someone who seems to not understand the legalities of copyright or why contracts are protection for both of you.
I hope these have been helpful! With the rise in less expensive cameras, and really high quality phones with cameras, many people fancy themselves to be ‘photographers’ but there is a difference in hobbyist photography and professional “this is how I provide for my family” photography. We professionals love our clients and want the best for potential clients. This is our livelihood, our financial means, the way we pay our bills. We will charge more, we will have full portfolios to show you, we will always give you a contract AND go over that contract with you, if you desire.
If it feels too good to be true, it is.
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