Nonexclusive Rights in Photography

Photographers selling rights to the use of their work have several licensing options, which assign rights to the use of an image in agreement with a specific user or users. Among these, the granting of nonexclusive rights, which allow use of a photograph by multiple users either simultaneously or consecutively, may create conditions in which photographers risk losing control of the use of their photograph.

Although photographs can be sold outright as prints or other objects, in many cases photographers sell rights to the use of an image rather than selling the image itself. In agreement with the user, rights granted include first rights, which reserve use of the image to the first user only; serial rights, which allow use of the image in multiple editions such as magazines; and exclusive and nonexclusive rights. Different rights may also apply in commercial and noncommercial settings.

The granting of nonexclusive rights to use of a photograph allows rights to more than one user at once. The fact that multiple parties can use the image in different venues simultaneously can lead to increased visibility and more publicity for the photographer. Exclusive rights restrict use to one party under specified conditions; nonexclusive rights allow images to circulate more freely.

While granting nonexclusive rights can increase the visibility of a photographer's work, it can also raise the risk of misuse of an image. Since each user creates an agreement with the photographer, granting nonexclusive rights means that each contract carries its own unique stipulations. The more widespread the distribution of an image, the greater the possibility that a user will fail to credit the photographer, or misrepresent the image as his own property.

As of 2011, copyright law grants ownership of creative work to its creators unless they grant rights expressly under specific circumstances outlined in an agreement or contract. The National Association of Press Photographers recommends that photographers have contracts reviewed by an attorney to ensure the proper use and crediting of photographs under nonexclusive or other rights.

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