Copyright and licensing

A photograph, much like an architect’s designs, is a product of the creator’s talents and artistic vision and as such, considered “Intellectual Property.” Unless other agreements are in effect for the photography, the photographer automatically owns the copyright for any and all images made. Typically the photographer will then license the client for the use of the photography for limited or unlimited uses. Possession of the digital file does not constitute any rights to use the photograph without the photographer’s permission to do so. As stated in ASMP’s “Working With An Architectural Photographer”, “…if you plan to share photographs with third parties who have not been involved in the commissioned assignment, permission must be obtained in writing from the photographer. The right to use images cannot be transferred by anyone without the written consent of the copyright holder. If you’ve received photographs without written permission for their use, it is your responsibility to secure licensing rights before using them.”

It is not uncommon for a construction company to contact the architect for copies of photographs of a project. Uses such as this, which are unauthorized by the photographer as the copyright holder, are a violation of copyright law. Unfortunately the copyright law makes it clear that the copyright holder must either actively protect their copyrighted images, or lose any protection. Because of this photographers are usually very protective about their intellectual property. A good architectural photographer puts a great deal of creativity into their work, much like an architect. It is this creativity the photographer brings to the job, and that the photographer protects in their copyrighted images.

An architect uses all their creative and technical skills to design a building and provide their client with a set of plans. The client is free to use the plans to build the structure. However, the client is not free to give or sell the plans to another party that would like to make a similar building. It is much the same with photography. While the client is free to use the photography as agreed upon in the terms of the contract, the client may not give, sell, or otherwise transfer the photography to any other party without prior permission of the photographer as the copyright holder.

For more information on copyright laws and licensing of photographs please see pages 2 and 3 of AIA's "Understanding the Estimate for a Photographic Assignment" and ASMP's "Licensing & Rights Granted"at "Working With An Architectural Photographer".