Why Do I Need a License for Photos?
A Simple Guide to Understanding Image Licensing
You’ve paid for the photoshoot—so why do you need a license for the images? It’s a common question, and the short answer is: because of intellectual property rights.
Unlike a physical product, the work of a photographer is digital and intangible, making it intellectual property. Think of it like movies, music, or digital artwork—all are forms of intellectual property. We’re used to paying for the use of these types of media without owning them, such as by subscribing to services like Netflix or Spotify.
Let’s dive into this concept using a familiar example—music.
Music Analogy: You Don’t Own the Song, You License It
Remember the pre-streaming days when you’d buy a song on iTunes for $0.99? While you paid for the song, you didn’t actually own it. You couldn’t sell it, distribute it, or give it to someone else for commercial use. You purchased the right to listen to the song, not the ownership of it. This is an example of a license.
Now, let’s apply that analogy to photography.
Photography as Intellectual Property: Licensing vs. "Work for Hire"
In the world of real estate photography, let’s say that when we create an image, we’re building a house. We have two options for handling that house:
We can sell the image to you outright, which would mean you’d have full ownership of it, just like buying a house. This option is called work for hire, but it’s a lot more expensive, and we don’t often offer this type of agreement. Instead, we retain ownership of the images and allow you to “rent” them. This is known as licensing and is more affordable for everyone involved. So, when you book a photoshoot with Rae Scott Photography, you’re purchasing a license to use the images under specific terms, rather than buying the rights to the images outright.
What Is an Image License?
An image license is an agreement between the photographer (us!) and another party (you!) that grants the legal right to use the images we’ve created. Essentially, when you license an image, you’re purchasing the right to use that image for a specific purpose outlined by the type of shoot you’ve booked with us.
Here’s the catch: Licenses often come with limits. For example, we may not grant the right to publish our images in a magazine without written consent. This helps us maintain control over where and how our images are used. In some cases, licenses may also have expiration dates and need to be renewed.
Who Needs a License?
Anyone who is not the legal owner (the photographer) needs a license to use the images.
When you book a shoot directly with us, the license is included as part of the shoot fee. But if someone else booked the shoot and told you that you can use the images, you still need to obtain a license directly from us. Permission from the person who booked the shoot doesn’t count—you need an official license from Rae Scott Photography.
How Can You Use Licensed Images?
Our image license is a very generous license. Depending on the type of session booked with us, you may use the images for your business activities including advertising, social media, website/portfolio and print and web marketing.
However, there are restrictions. You cannot sell or resell the images, and you cannot use them for commercial purposes without our written consent. Additionally, you cannot share the images with other parties. If someone else wants to use the images, please direct them to us, and we will provide them with their own license.
Why Are Image Licenses Important?
Image licenses help protect the intellectual property and business rights of photographers. Without licenses, a photographer’s images could be used by other businesses for commercial gain, without credit or compensation to the photographer.
Licensing ensures that photographers are paid fairly for the use of their work and that their intellectual property is protected from unauthorized use. It’s a way of ensuring that we, as the creators, continue to control how our work is distributed and used.
Licensing Creates a Sustainable Business Model for Photographers
Imagine if every time a musician wrote a song, they sold it for $300 one time and then never received any further royalties. Imagine the hours and hours, the expertise it took to make the song, the equipment, etc. This is not a scalable or sustainable business model. Now imagine that a recording company bought that song and went on to make millions of dollars with it, because they use a licensing structure - Spotify streaming, etc. We would tell that musician they’re not a good business person and really ought to consider licensing their own music, so they can have a sustainable model of pay.
Photographers, filmmakers, musicians, digital artists, illustrators, etc. work long hours to make digital products that cannot be manufactured en masse in factories, so USA copyright law protects the industry by creating a sustainable method for making money: licensing.
Why Image Licensing Matters
When you book a photoshoot with Rae Scott Photography, you’re not just paying for beautiful images—you’re purchasing the license to use those images within agreed terms. This system helps protect both our work and your ability to use those images in your marketing and business activities.
Whether you're using the images for social media or a website, remember: you’re renting the images under the terms of the license, not buying outright ownership. This approach keeps the work protected, accessible, and available to everyone who needs it.
