Image Rights and Permissions

Often clients believe that if they paid for an original piece of art or commissioned a photo shoot, they own all rights to the resulting images and can use them any way they wish. That is a very risky assumption! When they reads the fine print, they often discover that their rights with that image are limited. Sometimes, severely limited.

If you purchase a print (even the original) of an image, that doesn’t give you the right to reproduce it. You cannot make copies for others or for resale, or for commercial use unless you specifically bought those expressed rights along with it.

Unless addressed in a delineated release of rights document, the right to use an original piece of art beyond the specific print that you purchased remains with the artist. That artist may then sell those rights separately to someone else or make and sell copies (prints) of their work.

Different photographers handle the sale or licensing of their images differently. Tell the photographer what rights you need BEFORE you hire them – and make sure that you get the terms of the license in writing. If it isn’t in writing, it doesn’t exist.

That is true for any image. In the absence of an agreement otherwise, artwork is the property of the artist or firm that created it. We (Sara Nelson Design) usually grant outright ownership (contingent upon payment in full) of all rights for all uses of logos and wine labels. But there are limitations to what we can legally sell. For instance, we can’t convey ownership of licensed elements such as stock imagery or WordPress themes - they are not ours to sell.

If you provide your own fine art or photography for a design project, we ask for a release from the creator, or a signed Project Agreement that states that you guarantee you have obtained the needed rights and permissions. When in doubt, we ask for a copy of the license under which you acquired it. We’re not being jerks; we’re covering our backsides – and yours.

If you own a piece or property or website that violates a copyright, it quickly becomes an expensive nightmare. Pleading “my web designer who did it, I didn’t know” won’t get you out of legal responsibility.

Note: Scammers may claim that they own photos on your website and demand to be paid, but that’s a different can of worms for a different blog post.

ALWAYS get a release of rights in writing for every image (stock or custom) in your project and file them somewhere safe. Pass a copy along to your designer too. We’ll all sleep better.