A photographer from the local newspaper also covering the event can take the exact same photos I do, but they will be editorial in nature. The company will be using my photos to promote and sell the new product. If I am hired by a company to photograph an event where they are launching a new product, my photos will fall into the commercial category. Let’s take a look at an example that might help sort all of this out. While the photographer retains the copyright, the client’s fee may include a grant of reproduction rights. Licensing issues do not arise as often in this category. RETAIL photography is generally commissioned or purchased for the client’s own personal use (e.g., wedding photography, senior portraits, pet photography, fine art, etc.).
Images featuring people and things not licensed for commercial use can be used in newspapers, magazines (print and online), as well as text books and educational blogs. Advertising, marketing, and promotional activities all fall into this category.ĮDITORIAL photography is used primarily for journalistic or educational purposes. Learn a few definitions and point yourself in the right direction.ĬOMMERCIAL photography is used to sell or promote a product, service, or idea. I do, however, think they sell themselves short by not taking the time to use them accurately, particularly when it doesn’t take that much effort or research to do so. Commercial/Editorial/Retail – Who’s Who?įor starters, I don’t really blame people for being confused by these terms. Be sure to consult an attorney in your area for clarifications or additional advice and information. The content of this article is made up primarily of generally accepted legal principles, but laws differ from state-to-state and country-to-country. After 15 years in courtrooms, I traded in my briefcase for a camera bag almost ten years ago. When the shock of such an intensely ridiculous statement had finally worn off, I got to thinking about how the labels we use affect not only our views of ourselves and each other, but also on our clients’ opinions and expectations of us, as well as the licensing and use of our images.īefore I go any further, it’s time for an important disclaimer. One photographer recently had the cojones to tell me, “I know I’m not really a commercial photographer, but it sounds cooler, so I go with it.” I meet some who think they are commercial photographers when they are actually retail photographers. I meet photographers who tell me they are editorial shooters when they are actually commercial photographers. That might be why I get so frustrated when I hear photographers using important terminology incorrectly– particularly when it comes to terminology that has a direct impact on their income and overall bottom line.
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