Understanding Photography and Videography Usage Rights
In a digital world that’s always hungry for content, images and videos are often reshared without much thought. But thanks to AI tools that can trace image use in seconds, understanding usage rights is more important than ever — especially for visually driven brands.
Securing permission and staying compliant
Photographers and videographers typically retain the copyright to their work. Unless your contract clearly states otherwise, you need permission to use their images beyond the agreed-upon terms. This includes websites, social media, email marketing, and print. Using visuals without a valid license can lead to fines, fees, and legal action — whether the misuse was intentional or not.
Increasingly, businesses are taking heat for reposting photos without permission. Firms representing professional photographers and videographers are stepping up efforts to target fraudulent use, conscious or unconscious, and chasing down fees for usage rights as well as imposing fines and threatening legal action. Photography and videography are a big investment, especially for design-centric brands for whom visuals are everything, so it’s important to get permission in writing for any use cases you anticipate.
Respect the creative process
Even when it comes to user-generated content (UGC), reposting without credit or permission can cross legal lines. We always advise clients to get clear, written agreements for how images or video will be used. For example, a photographer may allow digital use but charge extra for print. A brand video might be cleared and optimized for social but not for usage on a website or other marketing channels.
When the client provides us with photography or videography, we strongly recommend that they credit photographers, especially on portfolio-based websites. Our Studio Manager, Alexandra Griffin, handles photography and videography contracts for Hanna Creative Co. and stays on top of usage rights issues and nuances. “We produce original video content for our social media clients, and our contracts specify usage for social media,” Alex says. “Because we plan our shot list carefully and the content is tailored for Instagram, the end use is specific and intentional,” Alex advises clients on what questions to ask when hiring a photographer, as some contracts have licensing restrictions that limit marketing opportunities. “For example, if an interior designer has a product they want to share with the maker, you'll want to understand if usage rights are included. Oftentimes, they are not. If it's not in the photographer's contract, they may need to pay an additional usage fee." Being clear with the photographer and planning for all potential usage will avoid post-shoot issues for you and your trade partners, and clear the way for valuable marketing collaborations.
What to ask before you share
When sharing photos and videos for marketing purposes, it's critical to clarify rights usage to avoid legal issues and ensure fair use. Here are some key questions to ask that will help you stay compliant and respectful:
Who owns the copyright?
The photographer usually retains copyright unless otherwise stated in a contract.
Do I have a license—and for which platforms?
Look for a signed agreement specifying usage rights and make sure the license covers all intended platforms.
Is commercial/promotional use allowed?
Some licenses limit usage to editorial or portfolio only, so read the fine print.
Do I need permission from collaborators or the homeowner/ client?
This is especially important for multi-party projects and residential shoots.
Has the project been submitted for publication?
Some magazines require exclusivity and no prior online sharing.
Protect yourself and your partners
Whether you’re launching a website, a marketing campaign, or sharing your brand story on Instagram, get ahead of any issues by confirming rights in writing. It’s not just about avoiding legal trouble; it’s about honoring the creators behind the content and protecting the integrity of your brand.
