Confused about copyright vs. print release vs. co-creator rights? This simple guide will help you understand what may be involved in the process of content creation.
As a brand, you’re constantly having to keep up with the demand for high quality photography and continual content creation. From social media to your website to general marketing materials, there is so much to include in every photo shoot, and photo shoots seem to happen more frequently to keep up with this high demand.
As a result, it can be difficult to keep track of what photos are yours to use, especially when working with other teams. In order to help you sort through the sea of content creation more smoothly, we’re compiling a simple guide of copyright versus print release and what it means to have co-creator rights.
Our goal is to make sure you are fully aware of your intellectual property rights so you can post about and promote your brand with confidence. Here’s what you need to know about copyright vs. print release vs. co-creator rights.
Copyright vs Print Release
There is a big difference in intellectual property ownership and usage based on whether the photographer has released copyright or merely extended a print release to a client.
The owner of a work has the exclusive rights to:
- Reproduce the work
- Prepare “derivative works” (other works based on the original work)
- Distribute copies of the work by sale, lease or other transfer of ownership
- Perform the work publicly
- Display the work publicly
The photographer has the choice to retain copyright ownership or to sell it.
Copyright Release
A copyright release document transfers the copyrights from the photographer to the client. At the moment of transfer, the copyright no longer belongs to the photographer. This means the photographer ceases all use of that photograph, including marketing uses. With copyright transferred to the client, the photographer would need a license from the client back to the photographer for use of the photographs in the photographer’s marketing.
Print Release
In contrast to the copyright release, a print release extends a license to the client to print for personal use while preserving the intellectual property ownership rights of the photographer. Be sure to check the language of the print release. This release can be drafted so that it is only for personal, and not commercial use. A separate commercial license may be required for commercial use.
A print release is typically what clients seek from the photographer. The majority of the time they simply want to print for their use and post on social media. This would be the proper documentation to do so.
If using a print release, the photographer retains the copyrights, so the photographer can use the photos in their own marketing. A model release may be needed, which is a document connected specifically to the property right of publicity, while copyright and print release are about the ownership of the photographs themselves.
Co-Creator Rights
When two or more creators materially contribute to a work, and each does so with the intent of creating a single work, the work is considered co-created.
If you are a joint creator, you hold equal interest in the copyright with the other co-creators, regardless of your actual contribution to the work. Technically speaking, you hold an undivided ownership share in the copyright. An undivided ownership share provides nearly all the rights of individual ownership, while also sharing the value of those rights. As a joint creator, you retain the right to reproduce the work, create derivative works, distribute copies of the work, and publicly display the work without needed permission of the other joint creators. You can also transfer your undivided ownership share without seeking approval.
As a co-creator, you cannot grant an exclusive license. Granting an exclusive license would directly harm the other joint creators, and thus you would need their approval. However, you may grant non-exclusive licenses without the approval from other authors.
Finally, as a co-creator, you share in the value created, which means any value determined from the work must be distributed equally to all co-creators.
We hope this simple guide to copyright versus print release and the meaning of co-creator rights gives you a better understanding of some of the terminology and contracts you may be involved with in the process of content creation.
