Below is verbiage that is included in my standard contract.
With regard to copyright, my policies are in-line with industry standards and is enacted, active and enforced by default.
COPYRIGHT AND REPRODUCTION
The Client agrees that all copyrights and/or intellectual property rights for all photographs taken at the session shall be held exclusively by Photographer. It is a violation of federal copyright law to allow photographs created by Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, retrieved from website posts or altered without Photographer’s written permission. Client agrees to purchase prints and products directly from Photographer. Client agrees not to make copies for sale or for the purpose of circumventing sale of the images by Photographer. Client agrees not to scan, copy or reproduce images in any manner without a written release. Please be aware that Photographer does not generally grant written releases unless under unique and/or compensated circumstances. Any violation of this copyright policy will be prosecuted as theft.
Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions by parties other than Photographer. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line, which reads “Christopher Photographic” in type no smaller than that of the related text, must appear adjacent to or within all permitted published photographs.
Client understands that watermarked low-resolution images that they may receive are only licensed and released for social networking sites and personal digital photo frames. You may not crop or enlarge the image in anyway.
Client accepts all responsibility for archiving and protecting any received image files. Photographer is not responsible for permanently archiving the image files. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read the media provided. It is Client’s responsibility to make sure that digital files are copied to new media as required.
Client grants to Photographer and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or in which Client may be included for editorial, trade, advertising and other purposes, and in any other manner and medium including but not limited to: website, blog, studio display, internal and external promotional material, media and product demos; to alter the same without restriction (of course we will never use Client images for nefarious, defaming or pornographic use); and to copyright the same. Client hereby releases Photographer and its legal representatives and assigns from all claims and liability relating to said photographs.
Boudoir and Pinup photography is private in nature and we will not use any images in public domain without your consent. We always appreciate when we are able to use images within the studio to promote products or services to other boudoir clients or on our blog and website, but understand when this is not desirable to the client. Please request the Special Boudoir and Pinup Release.
Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.
Copyright can be confusing. What is copyright? Who owns what? Why all the fuss? How can I get copies made? These are all questions that frequently arise. This info sheet is designed to provide information to help our customers understand why professional photos cannot be copied.
WHAT IS COPYRIGHT?
The U.S. Constitution and the Federal Copyright Act give “copyright” protection to “authors” for their “original works,” such as photographs. Among the protections that copyright owners have are the exclusive rights to: make copies of the work, prepare other works based on the original, distribute copies of the work to the public by sale, rental, lease, or lending, and to publicly perform and display the work. These rights are protected by laws which provide for damages and criminal penalties for violations. Both the customer and the lab that violates copyright are subject to the law.
WHO OWNS WHAT?
The law says the “author” is the owner of the copyright. The author of a photo or image is the person who snapped the shutter or created the image. If you took the photo, you own the copyright. If a professional photographer took the photo for you, then he or she owns the copyright. Unless you receive a written license to the contrary, any session images that you may receive in digital form are only granted a limited use license to use the images for social sharing sites or digital frame use for you, your friends and family. These images may not be cropped and there can be no attempt to resize to a larger pixel dimension.
WHY ALL THE FUSS?
The primary reason is economic. We invest a great deal of time and creative energy in creating the experience, idea, theme, setting, pose, lighting, background, and extra shots to get the right one. We have priced our session fees taking into account the fact that our customers will be purchasing their prints and products from us after the session. If the prints are obtained elsewhere, we lose the opportunity to recover funds for the effort expended. We are also very concerned about our artistic integrity. Since our name is associated with the photos, we want complete quality control over the quality of the products and reprints. Many people have no idea about copyright and think since they paid us to take a picture of them that they own the copyright. This is far from true. While you own the prints you purchased, you do not own the right to copy the work in any way.
HOW CAN I GET COPIES MADE?
If an online gallery is not provided or has expired, please contact Christopher Photographic directly to place any orders for prints or products you may need.
FINES FOR COPYRIGHT INFRINGEMENTS
Fines for copyright infringement now exceed $150,000 U.S. dollars (per infringement). In other words, if someone takes a image that they did not take and publishes it or reproduces it without the copyright owners consent, then they are liable and could by fined up to $150,000 for each violation.
WHAT CAN’T I DO?
A few examples of what is considered copyright infringement include: scanning photos, photocopying photos, screen captures of online images for the purpose of printing, reproducing photos for yourself or others, etc.
Thank you in advance for adhering to these policies and respecting the value of our work.