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Photograph copyright and usage rights

Understanding Copyright and Purchasing

The photographer owns the copyright to an image (the right to copy, reproduce, or publish an image), and will license certain rights for the use that is needed by a customer.  Another party who would like to use a photograph or own a print of the photograph pays a fee.  The customer is not actually buying the photograph and is only buying or leasing the rights to use it in a certain way.

Only the copyright holder (the photographer) can licence or re-license a photograph for another use.  Just because a customer may have a digital image or photographic print in their possession, does not give them the right to use the image in any way other than what was agreed to.  A single print purchased through an online photo store can not be reproduced from the original print for distribution or re-sale.  Reproduction or resale of Tanami Photography photographic images or artwork without the express permission of Jason Sullivan from Tanami Photography is considered a breach of copyright and any limited license agreements.

Usage Rights

Once you have purchased the photographic print, you own only that print (a single copy only). This means your usage rights license is for one-time use (non-exclusive rights).  The term ‘one-time’ means that a buyer purchases the right to reproduce an image once for that particular use only. The term ‘non-exclusive’ means that the photographer can sell the photograph to another client. This is good for the purchaser because this type of usage is not expensive, and is good for the photographer because he can re-licence the photograph to another client.  Rights not specifically granted are always reserved to the photographer.

Exclusive Rights

Particular photographs can be purchased by customers exclusively.  This means you own the rights (copyright) to the photograph and can reproduce the image as needed for several presentation mediums.  The term ‘exclusive’ means you are the only one that can use the photograph for a period of 2 years.  If after the 2 years another customer is interested in the photograph, you will be contacted and notified that the photograph is no longer under an exclusive license and will appear in other presentation materials or viewing locations.


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