Expert Photographs Copyright Lawyer Legal Representation

Photograph lawyers specialise in images, and while copyright lawyers generally know that keywords, SEO, and sticky content generate traffic, sales, and impact, the focus is mostly on text. Photograph lawyers focus on the nuances of the law related to images. Images are an essential part of any brand’s marketing strategy. Marketing agencies and brands routinely commission photographers. The phrase "a picture is worth a thousand words" is generally accurate, as images can often convey complex ideas and emotions more effectively and quickly than words alone, especially in specific contexts. Images can evoke strong emotions and resonate with audiences on a deeper level than words, making them powerful tools for storytelling and persuasion. There is strong scientific evidence that people remember pictures and not words because of the emotions they evoke.

Generally, lawyers aren't involved with low-cost stock images. However, if significant licensing fees are involved, or if images are critical to your business—such as stolen product images—hiring a lawyer is necessary. Typically, a solicitor would be instructed where a marketing agency has commissioned a photographer or artist to create some works for, say, a spring-summer 2020 seasonal marketing campaign. The marketing agency signs a licensing agreement for that spring-summer 2020 campaign for a significant license fee, then, for whatever reason, uses the works from the spring-summer campaign for another season without renegotiating a new license. In these situations, either the photographer or their representation agency will want to be compensated for the unauthorised use of the works and, if negotiation fails, may bring several claims against the marketing agency, including copyright infringement. Additionally, hiring a lawyer when launching your business ensures that all the correct contracts are drawn up and establishes clarity regarding usage rights.

There isn’t a straightforward answer. The first rule to remember is that most images are copyright-protected, meaning you need a license from the creator, be it a photographer, illustrator, or artist, to use them. In the United Kingdom, copyright registration is unnecessary, and there is no copyright register of works. In the USA, the owner has the option of registering the copyright with the US Copyright Office. In the US, you must register copyright works to sue for damages. Regardless of the registration status, the creator or author (s11 CDPA 1988) still owns the copyright except where the creator is an employee in the course of their employment (s11 CDPA 1988). The copyright may also be assigned, in which case the works will be owned by the person or persons to whom the works have been assigned. Copyright lasts for 70 years after the creator's death (s12 CDPA 1988).

Licences are a way of making money from your images without selling them outright. Common licenses include:

- Royalty-Free: Allows for broad use of the image without ongoing fees, but may have limitations based on use.

- Rights Managed:More restrictive, requiring agreement on how, where, and for what purpose you will use the image, often costing more.

Yes, generally for commercial purposes (like advertising), you need a Model Release from identifiable individuals in images. However, images used for editorial purposes do not require permission.

Yes, copyright owners can sue if you use their images without permission. Most will initially contact you to request a takedown or negotiate a fee, but litigation can occur, especially with significant violations.

Fees can vary based on the complexity of the case and the specific services needed. Contact us directly for a detailed quote tailored to your situation.

To engage our services, you typically start by scheduling a paid consultation, either in person or virtually. During this meeting, you can discuss your specific needs and any issues related to image use. After reviewing your case, we will outline our fees and provide a formal agreement to proceed with our services.