How does copyright affect my wedding photos?
Wedding photos, like all other creative works, are protected by copyright, which arises automatically. Under the Copyright, Designs and Patents Act 1988, copyright protects the creators of tangible creative works (such as photos) and grants them certain economic and moral rights in relation to their creative work. These rights include making a profit from their creative work (eg by selling the creative work or displaying it in a gallery) and being recognised as the creator of a given creative work.
For more information, read Copyright and Moral rights for copyright.
Who owns the copyright in my wedding photos?
Many newlyweds assume that they own the copyright in the wedding photos. However, this is generally not the case. Instead, the photographer owns the copyright in the wedding photos. This is because the photographer is the creator of the wedding photos (ie the photographer is the person who took the photos), and, as copyright arises automatically, the photographer owns the copyright in the wedding photos the moment the photos are taken.
This means that the photographer has control over how the wedding photos are used, whether they can be reproduced (eg in a photo album), and where they can be displayed (eg on social media).
What does this mean in practice?
Your photographer owning the copyright in your wedding photos doesn’t mean that you won’t have access to your photos. When you hire a wedding photographer, they will typically grant you a licence to use your wedding photos for personal, non-commercial purposes (ie they grant you certain ‘usage rights’). This normally includes printing copies of your wedding photos, sharing them with loved ones, and posting them on social media. Any use beyond your usage rights (eg selling your wedding photos or using them for business purposes) will require further permission from the photographer.
The specifics of your usage rights vary from photographer to photographer, and you should always check what licence your photographer will grant you. Carefully read the terms of any contract you sign (eg a Photography contract) to ensure you understand what services your photographer is providing and what you can and cannot do with your wedding photos.
For more information, read Copyright and How to avoid copyright infringement.
How can a photographer use my wedding photos?
As the owner of the copyright in your wedding photos, your photographer can make ‘commercial use’ of your photos. Photographers will typically use wedding photos as part of their portfolio or to promote their business. For example, they may wish to use your wedding photos:
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to showcase their work (whether online or in print) to market to and demonstrate their skills and craft to potential clients
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on social media platforms (eg Instagram) to share their work and connect with audiences
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on their website or blog, to showcase their work and services, but also to share unique narratives from different weddings they have photographed
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to display their work in galleries or exhibitions
However, due to the private and domestic nature of wedding photographs, the photographer should not post your wedding photos on their website or social media or otherwise exhibit them in public without your permission.
This means that your photographer should seek your consent before using your photos for other commercial purposes. If you're unsure about how your images may be used or want to avoid having your photos used publicly, these details can usually be discussed and agreed upon in your contract.
To avoid any misunderstandings, it's essential to communicate clearly with your photographer about how they intend to use your photos and how you intend to use them. Any usage rights you have and any permissions you give your photographer about using/displaying your photos should be clearly recorded in your contact. This way, both parties are on the same page, ensuring a positive experience regarding your wedding memories.
Can I own the copyright for my wedding photos?
If you wish to own the copyright in your wedding photos (eg because you’re an influencer who wishes to sell your wedding photos to a magazine), you may be able to come to an agreement with your photographer.
Photographers may be hesitant to give up their copyright, as doing so will mean they cannot use the photos in their portfolio or to promote their business. As a result, asking a photographer to part with their copyright will often be very costly, and some photographers may refuse to do so altogether.
Can I be the initial owner of the copyright for my wedding photos?
If you want to own the copyright in your wedding photos from the start, this will need to be agreed in advance.
As discussed above, where a creative work is commissioned (ie where you pay someone, like a photographer, to create a copyrighted work for you, like taking your wedding photos), the creator of the work automatically owns the copyright in the work. However, you can agree otherwise.
You and your photographer may agree that you, not the photographer, are the copyright holder of your wedding photos. Such an agreement should be recorded in writing to ensure clarity and avoid disputes.
Can I buy the copyright for my wedding photos?
Copyright can be bought and transferred like other commercial rights. This means that you may be able to buy the copyright in your wedding photos after they are taken. In these circumstances, an Assignment of intellectual property may be used.
Note that even where you buy the copyright, the photographer may still have certain moral rights to the photos—most importantly, the right to be identified as the creator of the photos.
For more information, read Copyright and Moral rights for copyright.
Can I share my wedding photos online?
These days, sharing your photos online on social media is almost expected. Most photographers won’t mind you posting your wedding images, but they may ask for credit or for you to tag their social media pages in the post (after all, this is a good way for them to showcase their work!). It's a good idea to confirm these details with your photographer beforehand and record them in your contract.
What happens if I break my photographer’s copyright?
Copyright is an important aspect of the UK’s intellectual property laws. If you breach your photographer's copyright, they may take legal action against you, which may result in significant fines.
That being said, if you break their copyright, most photographers will give you the chance to correct the issue, especially if the breach was accidental and an honest mistake. If your breach of copyright continues (ie you do not correct the issue), your photographer can take action against you.
For more information on the consequences of breaching copyright, read Remedies for intellectual property right infringement. For more information on how not to break copyright, read How to avoid copyright infringement.
While you may not automatically own the copyright to your wedding photos, most photographers are flexible when it comes to personal use of your wedding photos. The key is to have a clear conversation with your photographer and ensure everything is agreed upon in writing before the big day. This way, both you and the photographer can enjoy the results without any legal issues down the road. Ultimately, a respectful approach on both sides will ensure that the images of your big day are cherished memories for years to come.
If you require a formal agreement for wedding photography services, consider using our Photography contract. Similarly, if you wish to hire a wedding planner or provide wedding planning services, consider making a Wedding planner agreement.
For more information on copyright, read Copyright and Moral rights for copyright, and How to avoid copyright infringement.
If you have any legal questions about hiring a wedding photographer or protecting your rights to use your wedding photos, do not hesitate to Ask a lawyer.
