Photographs are considered artistic/intellectual property. Like computer software, video, or music, they come under the protection of copyright laws. Unless otherwise agreed upon, the photos remain the property of the photographer. Only he or she, as the copyright holder, has the right to license their use. The fees charged for reproductive use of the photographs are based upon how widely and how often the photographs are to be used. The dollar amount is also commensurate with the profit that the user will realize with their use. For example, an architect in a small office using the photos in portfolios to submit to awards and publications will pay a lower rate for usage than would a window manufacturer using the photos in a national print-ad campaign costing hundreds of thousands of dollars. Q and A's for Architects and Designers.

Q. Who owns the photographs after the shoot?

A. The photographer does, but licenses their use to the designer with some restrictions. Without additional fees, a designer may use the photographs in portfolios, for presentations, and for general company promotion. Submission to design competitions or to publications are also allowed.

Q. What happens if a publication wants to use the photographs?

A. Most reputable publications understand copyright and provide the photographer a fee for the use of their photos. Architecture, Architectural Record, Interior Design, the New York Times, etc. all adhere to this standard. There are many book publishers however who are not willing to pay for photography. They either ask the architect to pay the use fee or they ask the photographer to waive it. Generally, photographers adhere to the underlying principle of copyright, which is that if someone is to profit by the use of their photographs then remuneration is necessary. In the case of the book publisher, they are a profit-driven enterprise whose product is books. Like printing services, writing, and editorial services, photography is a component in the making of the book which adds to its value. Thus, publishers must expect to pay a usage fee.

Q. What if a contractor or manufacturer wants to use the photographs?

A. You should have them contact the photographer directly to arrange usage. Again, only the photographer has the right to license the use of his or her work.

Q. What is multiple-party usage?

A. When more than one party is paying for the rights to use the photography it is called multi-party usage. For example, architects often split the cost of a shoot with the contractor and other parties who were involved in construction. Fees in this situation will be greater due to the increase in usage. However, each party will still realize a saving relative to the prospect of paying for photography on their own,

Q. Can I make my own slides and prints?

A. Only the photographer has the right to reproduce the images, but will make every effort to respond to the client's need for materials in a timely fashion. Frequently designers under a tight deadline would like the convenience of reproducing the work themselves, but they must be aware of two points. Print and slide sales are an important component of the photographer's business. Without these sales photographers would be forced to charge more in fees. Secondly, with foresight designers can have materials readily available and save money at the same time. By ordering multiples of slides and prints in advance they will always be handy for use, and since it is cheaper to purchase in multiples, savings will be realized. For More Info About Copyright

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