Expertise · Copyright, usage rights, and costs

What does the right to use images include?

After a photoshoot, you receive the photo files and think it's done. But where, for how long, and for what purpose you can use those images is a completely different matter.

Quick summary

The right to use images is a license that defines the scope in which you can use that image. This license needs to specify five axes: type of media, duration, territory, exclusivity, and distribution scale. Any scope not specified in the contract is assumed to be not granted.

Quick comparison
You should choose this direction when
  • when signing contracts, clarify the year and scope of usage rights
  • Images for paid advertising or outdoor packaging.
  • industry sensitive to real people's images
Not needed when.
  • I think paying for the photo shoot means owning all the rights.

Paying for a photoshoot does not mean you buy the images. This is the most common misunderstanding Sinh Vũ encounters when working with brand owners. The amount you pay for the shoot is a production service fee, while the rights to use the images for what, where, and for how long is a separate matter that needs to be specified in the terms. If the contract does not state it, by default, you do not have those rights.

The five axes that need to be specified

The usage rights for the images operate like a rental contract, not a sale. The photographer retains copyright, and you rent the rights to use them within the agreed scope. This scope is defined by the following five axes.

  • Type of media and purpose: brand website, social media, paid advertising, print, product packaging, outdoor signage. Each type has different exploitation values, and the usage rights also vary.
  • Term: one year, three years, or permanent. If not specified, you may be using images beyond the term without realizing it.
  • Territory: domestic, regional, or global. A brand that only sells domestically does not need to purchase global rights and vice versa.
  • Exclusivity: exclusivity means the author cannot resell that image to others while you hold the rights. This limits the author's ability to earn more from the same image, resulting in a significantly higher price.
  • Release scale (print run, number of impressions): printing a few hundred flyers is very different from a multi-platform advertising campaign. The larger the scale, the higher the value of usage rights.

Two things are often overlooked

In addition to the five axes above, there are two types of documents that many brand photography contracts overlook, and these are the source of future legal risks.

  • Model release: a document signed by individuals appearing in photos, agreeing to use their images for commercial purposes. Without this document, you should not use images of real people for advertising, especially in sensitive industries like cosmetics, healthcare, and finance.
  • Location release: similar text, signed with the identifiable location owner. There is no model release or location release for any photos unless the photographer creates a separate document and hands it over to you.

When to need wider rights.

Only need web and internal: purchasing just enough rights for the brand website and social media, without needing global perpetual exclusivity. This is an unnecessary budget waste.

Running paid ads or on packaging, outdoor signs: each of these media needs to be clearly specified in the contract because the exploitation value and usage rights differ significantly from regular web use. If omitted and then images are used in advertising, you are exceeding the rights you have purchased.

Common errors

  • Thinking that paying for the photo shoot means owning all the images and copyrights, while the default is only to purchase usage rights within the specified scope.
  • Not specifying the deadline in the contract results in discovering that you are operating outside the scope when the deadline expires.
  • Miss paid advertising channels, then run ads and inadvertently exceed permissions.
  • Forget to request model releases and location releases, using images of real people for advertising without written consent.
  • Confusing exclusivity with a broad media scope. These two are independent of each other and need to be recorded separately.

Any scope rights not specified in the contract are assumed to be ungranted.

ASMP Licensing Guide, Terms and Conditions

Sinh Vũ's viewpoint

Sinh Vũ includes usage rights in the deliverables from the start of the project, along with model releases and location releases, so you do not fall into a legal gray area after the photos are published. Since Sinh Vũ acts as the creative director (the person who guides the entire visual content) and coordinates the partner photography team, the copyrights of the photographer, models, and locations are handled through separate contracts with each party before the shoot takes place.

What you need to do is clearly state in the brief: which channels the images will appear on, whether they will be advertised, and how long they will be used. From there, the scope of rights can be accurately written to meet real needs, avoiding unnecessary expenses or risks from insufficient purchases.

Note: the information about Vietnam's Intellectual Property Law on this page is for reference. For contracts of significant value or complexity, you should cross-check with the current consolidated law and seek additional advice from a lawyer.

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Topic: What does image usage rights include? Sinh Vũ Handbook, sinhvu.com

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References

ASMP Licensing Guide, Terms and Conditions. ASMP, Scott Highton, Rights and Value. Intellectual Property Law of Vietnam, WIPO Lex. Practical experience from Sinh Vũ.

Frequently asked questions

Does paying for the shoot mean you own the photos and the rights?

No. The fee for the photo shoot is a service charge, which includes labor and equipment. Copyright remains with the photographer by default. You purchase the rights to use the images within the scope specified in the contract, not the complete rights. To transfer full copyright, that must be clearly stated as a separate clause and usually comes at a different price.

How does exclusivity differ from being used in many places?

Exclusivity means the author cannot resell the image to any third party while you hold the rights. Being used in many places refers to a wide range of media, but the author can still allow others to use the same image. These two aspects are completely independent and should be clearly stated in the contract.

What are model release and location release, and are they necessary?

Model release is a document signed by the model or person appearing in the photo to agree to use their image for commercial purposes. Location release is a similar document with the property owner. Without these two documents, you should not use images featuring real people or identifiable locations for advertising, especially in sensitive industries such as cosmetics, healthcare, or finance.

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