Copyright, Consent, & Licensing
Copyright privileges is a complicated subject and while I’m not a lawyer, I’ll try to explain it as concisely as possible. Legally, to be in compliance with U.S. copyright law, ownership of original work is never surrendered by the artist. So once a glamour client has possession of their final portfolio, it’s theirs to use only for private purposes. If they wish to use it for commercial purposes consent must be granted my the creator (photographer). So first, let me explain how consent works then I’ll explain how I provide consent.
What is consent and how is it granted?
Granting consent usually entails a paid licensing agreement whereby the artist sells the right to use his/her creation at a pre-determined price for a pre-determined duration and usage. Sometimes this fee is a simple trade; the photographer turns over the digital images, but the logo stays embedded in the file, usually at the bottom of the image (as seen in my image above). Other times the photographer may remove his/her name all together, but charge a higher fee per image.
That said, remember this only applies to commercial uses. In other words, you can make copies of the images and give them as gifts, but once you use the images for commercial purposes (such as a website, banner ad, etc.), original consent is required. Traditional boudoir photographers usually don’t fuss with this because their clients are often brides to be, giving their images to their future husband and therefore have no intent on ever using them commercially. In the glamour/fashion/adult industry, usage is always specified and prices often higher because the images are created primarily for commercial purposes.
How do I provide commercial consent?
Once your final images are chosen, edited, and of course paid in full, I’ll provide you with digital copies via email. These images are up to 1600 pixels at their widest dimension. My company name and logo, Doug Remien Studios, will be embedded in the lower left-hand corner of each image. You may use these images for any commercial purpose, as often as you choose, and for as long as you choose, provided my company name stays on the image. Because this logo is a primary means for self promotion, a surcharge of $200 per set of retouched images is required to omit it.
Additionally because I retain full copyright to your photo session images I reserve the right to use them for promotional purposes on dougremienstudios.com, Twitter, Instagram, or Facebook. Said usage will be strictly limited within the identity restrictions specified by you, i.e. face blurring.
Larger pixel dimensions intended for print require an additional fee depending on the actual size requested.
“Thank you so much again. I can’t believe I had fun. I’m looking forward to working with you again!”