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 the entire copyright. Buyouts are very expensive because the creator loses all future revenue from the work, while the actual need is often just to use images on a few channels for a few years. If your real concern is that competitors should not use those images, an exclusivity clause can resolve that without needing a buyout.
Most customers ask this question out of concern: if they do not buy outright, one day the images may appear in unwanted places. That concern is reasonable, but the solution does not necessarily have to be a buyout. Before deciding, it is important to clearly understand what a buyout really is and what you truly need.
Buyout, or full copyright purchase, means the author transfers all property rights to the buyer. The author no longer retains any rights and does not earn any future income from that work. Therefore, the buyout price is high, as it compensates for all potential income the author permanently relinquishes.
A usage license is a more common form: the author retains copyright but grants you the right to use the image within agreed limits, for example: on social media and websites for two years, or for internal printed materials without a limit on quantity.
A common misunderstanding: unlimited usage rights for any medium do not mean unlimited time. The contract may allow use across all channels, but only for one to three years. Do not conflate these two aspects.
Before negotiating, Sinh Vũ often asks clients four questions to understand the necessary level of authority:
These four questions are usually enough to design a package that fits just right, not too much, not too little.
Sinh Vũ does not assume that proposing a buyout for clients is necessary, as in most cases, purchasing usage rights within the correct scope is sufficient and much more cost-effective. The standard approach is to clarify right from the brief: where will the images be used, for how long, and whether competitors need to be restricted from using them, then design the rights scope to fit those needs.
Since Sinh Vũ coordinates a team of partners including photographers, models, and locations, agreements regarding the photographer's copyright, the model's image rights, and location rights are handled with separate contracts for each party. When you want broad or exclusive rights, you need to negotiate consistently with all stakeholders from the beginning; simply paying more to one side is not sufficient.
Purchase the exact rights you need, avoiding excess or shortage. This is how to protect your budget while safeguarding your brand.
Practical experience of Sinh Vũ, based on the framework of ASMP and The Image Crafters
Topic: Buying full copyright for images or purchasing usage rights?. Sinh Vũ guide, sinhvu.com
Select each item you find appropriate, 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.
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.
No. A buyout only addresses the rights of the photographer, not automatically including the image rights of models or location owners in the photo. Those rights are bound by separate model release and location release contracts. Both need to be negotiated simultaneously, not one.
According to Vietnamese law, for commissioned works, the client typically holds ownership rights, but the author retains personal rights, which cannot be transferred. The actual situation also depends on the specific contract terms. The safest approach is to clearly outline the scope of rights in the contract rather than relying on defaults, and it is advisable to consult a lawyer if the asset has significant value.
You need an exclusivity clause in the usage rights contract, without necessarily buying out all copyrights. Exclusivity means the author commits not to license that image to any third party within the agreed scope and time. This is a more affordable solution than a buyout and meets the needs.