Image Ownership

Question:  Does client own the images from the photoshoot with DHP?

Answer :  No. The images are copyrighted and retained by the photographer. 

Question: What is the client purchasing, if not ownership of the images, when he/she hires the photographer for a shoot?

Answer: The photographer (licensor), maintains ownership of images he or she produces, unless he or she sells that ownership to a client.  Thats a seperate contract agreement (and separate compensation).  Unless otherwise specified, any fees paid to the photographer is for the professional services rendered and the product (finishedimages) for a single useage (i.e.your website, prints, or a particular publication).  Again, that would normally be spelled out in the contract agreement.   There are no rights to free copyright useage of images unless granted permission. Here's an article that further illustrates the point: http://rising.blackstar.com/what-part-of-no-dont-you-understand-explaining-copyright-law-to-publi.html

Image Useage

Question: What is a useage?

Answer: Each separate publication of images that are produced by a photographer represents a separate useage. When the photographer neither capitalizes on nor gets credit for the images he produces (in publication), his ownership of the work and professional identity is circumvented and out of his control. His copyright then becomes meaningless. For example, the fashion design that is produced bya fashion designer is his PRODUCT, so too are the images produced by a photographer. If a publication uses images of a fashion designers PRODUCT in their publication without permission or credit, that would be considered an infringement. Its the same for a photographer's work (and brand).

Don Harris Photographics, LLC licenses to you the use of image files only as provided herein on a nonexclusive and nontransferable basis upon payment of the required fees. All other rights to the image files and any accompanying materials such as copyright are retained by Don Harris Photographics, LLC and its members. The license granted to you is limited to one usage per download. For example, if an image is used in a website design and in a business card design, this is considered two usages for which the image license must be purchased two times. Using an image in multiple products without purchasing the licenses for each usage violates this Agreement.

See Prohibited Uses as identified in item 3:

http://donharrisphoto.4ormat.com/useage

Raw Images

Question:  Do I (client) get raw images from the shoot?

Answer: No.  DHP does not release raw digital files to clients. Unless otherwise specified or agreed.  Clients are given access to view proofs online in order to select which images that they are going to purchase as a delivered retouched image file, as specified in the contract agreement.

Question: Who pays for retouching?

Answer: The client pays for retouching of purchased images,beyond what is included in a particular package rate.  Retouching or digital editing services is a separate service provided by the photographer that is not included in the photographer’s shooting fee. Retouching may be outsourced or done by the photographer.  There is a unit cost associated with this service based on the level of time and work required.