Do you buy outright or purchase usage rights?
The question seems simple, but it can easily lead businesses to overpay by tens of millions for rights they will never use.
For most businesses, purchasing usage rights with a clear scope is sufficient; there is no need to buy out all rights. A buyout is often very expensive because the author loses all future income from the work. Meanwhile, the actual need is often just to use the images on a few channels for a specific period. If your real concern is that competitors should not use those images, an exclusivity clause usually resolves this without needing a buyout.
- the key images of the identity system, used long-term across all touchpoints
- a major brand that the image has become an identity asset for
- most businesses already know the channels and deadlines to use
- the only concern is that competitors cannot use it: choose exclusivity instead
Most clients ask this question out of concern: if they do not buy out, one day the images may appear in unwanted places. That concern is valid, but the solution does not necessarily have to be a buyout. Before deciding, it is essential to understand what a buyout truly entails and what you genuinely need.
Buying outright and usage rights: two different things
A buyout means the author transfers all property rights to the buyer. The author no longer holds any rights and does not earn any future income from that work. Therefore, the buyout price is usually high, as it compensates for all potential income that the author gives up.
Usage rights (usage license) are a more common form. The photographer retains property rights (this must be agreed upon in the contract, as Vietnamese law has different defaults for commissioned images, see the Q&A section), but grants you the right to use the images within the agreed limits. For example: on social media and websites for a specific period, or for internal printed materials without a limit on quantity.
A common misunderstanding: unlimited usage rights across all media do not mean unlimited time. The contract may allow use across all channels but only for a specific duration. Do not conflate these two dimensions.
Four questions to identify real needs
Before negotiating, the following four questions help you understand the necessary rights:
- Where will this image appear? Social media, website, outdoor signage, printed materials, or a mix?
- How long will the photos be needed? For a short-term campaign or a long-term identity system?
- What is the geographical scope? Is it just domestic or does it include the international market?
- Do you need to ensure that competitors cannot use that image?
These four questions are usually enough to design a package that fits just right, not too much, not too little.
When to consider broader purchases
Common mistakes when negotiating rights
- Demanding a buyout for certainty and then paying a high price for rights that will never be used. A buyout is a payment for all future income that the author gives up, not an additional fee for peace of mind.
- Thinking that buying out an image means using the model's face forever. The image rights of the model and the rights of the property owner in the photo are governed by separate contracts, distinct from the copyright of the photography.
- Confusing exclusivity with a buyout. Exclusivity means the author does not license that image to anyone else. A buyout means the author transfers all rights. These are different both legally and in terms of cost.
- Not clearly defining the scope in the contract leads to disputes after the photos have been published.
Purchase the exact rights you need, avoiding excess or shortage. This is how to protect your budget while safeguarding your brand.
Practical experience, based on the ASMP framework and The Image Crafters
Decision checklist
Topic: Buying full copyright for images or purchasing usage rights?. Sinh Vũ guide, sinhvu.com
Tick each item that applies or that you can already answer, then print or save as PDF to take with you.
If you have marked most of the signs above, this is the time to discuss in more detail. Sinh Vũ can help you review and propose a direction.
This article provides general information according to the documents in effect as of October 6, 2026. This is not legal advice and does not substitute for a lawyer's opinion for your specific case. Rights and obligations between Sinh Vũ and clients arise only according to the signed contract.
References
The Image Crafters, guidelines for work-for-hire and buyout; Digital Art that Rocks, usage license guidelines; Vietnamese Intellectual Property Law (WIPO Lex). The legal information in this article is for reference only and does not replace legal advice.
Frequently asked questions
Does buying outright mean I can use the model's face forever?
No. A buyout only addresses the rights of the photographer; it does not automatically include the image rights of the model or the property owner in the photo. Those rights are governed by separate contracts allowing the use of the model's image (model release) and the use of the location (location release). Both need to be negotiated simultaneously, not one after the other.
A photography order contract means I have already secured the copyright, right?
According to Article 39 of the Intellectual Property Law, for works created under commission or order, the property rights belong to the party that commissioned the work unless the contract states otherwise. The author retains personal rights such as the right to be named and to maintain the integrity of the work; these rights are non-transferable. If you sign with a studio (legal entity) instead of directly with the photographer, the rights typically pass to you through the transfer clause in the contract, so it is essential to specify this clearly. In practice, it also depends on the specific contract terms, so the safest approach is to clearly outline the scope of rights in the contract rather than relying on defaults. For valuable photographic assets, you should consult a lawyer.
If I want to prevent competitors from using the images, what do I need to purchase?
You need an exclusivity clause in the usage rights contract; it is not necessary to buy out all rights. Exclusivity means the author commits not to license that image to any other third party within the agreed scope and time. This is often a cheaper solution than a buyout and meets the needs effectively.
This article is for reference. The scope, pricing, and specific commitments of Sinh Vũ are detailed in the proposal and signed contract.