January 14th, 2021.
Commercial, Editorial, Retail?
Image by JLGutierrez
Ever since Bill-C 11 was amended in 2012, Canadian photographers (and other creators included) no longer have to sign an agreement with their client stating that they are the first owner of the copyright. The Act now guarantees ownership by default whether the photographs are commissioned and paid by a client or taken for non-commercial purposes.
Nevertheless, photographers and creators are still highly encouraged to draft a contract that will outline the various business terms, such as image use, licenses sold, and terms of payment.
Sounds fairly simple but there is much more to this equation. In order to actually generate any income for your photography business, licensing fees must be considered.
There are 3 types of photography which will determine where, how and in what way your images can be used.
Commercial photography:
The image is used for advertising, marketing, and promoting a product, service, or idea.
Editorial photography:
The image is used for journalistic or educational purposes and can be distributed on platforms such as newspapers, magazines (print and online), as well as textbooks and educational blogs.
Retail photography:
The image is generally commissioned or purchased for the client’s personal use such as wedding photography, senior portraits, and pet photography, etc. While the photographer retains the copyright, the client’s fee may include a grant of reproduction rights.