Journal · Licensing
Who owns architectural photographs, and who can use them?
The photographer normally owns the copyright and the client is granted a licence to use the images. That distinction is the source of nearly every awkward conversation later.
Licensing
Copyright and licence are not the same thing
In UK practice the photographer generally retains copyright in the images they make, and the commissioning client receives a licence to use them. The licence is what actually matters day to day: it defines who may use the photographs, for what, and for how long.
This is not a photographer being awkward. It is the same arrangement that lets a set of images be shared sensibly between several companies on one project without anyone having to commission four separate shoots of the same building.
Licensing
The multi-party problem
On a typical scheme there are several organisations who each legitimately want the photography: the architect for their portfolio and their own awards entries, the main contractor, a facade or fit-out sub-contractor, a materials manufacturer whose product is on the building, and often a PR or marketing agency.
Each of those is an additional licensed party. On my rates and licensing page the arrangement is 30 per cent of the invoice per additional party. On a £1,200 shoot with three others that is £2,280, or £570 each if split, which is materially cheaper than four separate commissions.
Licensing
Agree it before the invoice
The single practical tip in this whole article: list everyone downstream who will want the images, and say so when you brief the shoot. Extended licensing agreed before the invoice is raised is straightforward. Agreed afterwards it is more expensive, because at that point it is a separate negotiation rather than part of the original deal.
It also avoids the genuinely bad outcome, which is a manufacturer quietly using images they were never licensed for and a relationship souring over something that would have cost very little to do properly.
Common questions
Frequently asked
Who owns the copyright to architectural photographs?
In UK practice the photographer normally retains copyright, and the commissioning client is granted a licence to use the images. The licence terms, rather than ownership, determine what the client can actually do with them.
Can several companies use the same architectural photographs?
Yes, through extended licensing. Each additional party licenses the images, typically for a share of the original fee. I charge 30 per cent of the invoice per additional party, agreed before invoicing, which is usually far cheaper than separate shoots.
What happens if we need extra licensing after the shoot?
It can still be arranged, but agreeing it after the invoice has been raised does not attract the same rate, because it becomes a separate negotiation. Listing the interested parties at brief stage is always cheaper.
Do I need a licence to use photos of my own building?
If you commissioned the photographs, your licence covers your use as agreed. Other companies involved in the project need their own licence, even though they worked on the building.
Where to next
