The idea of who owns the copyright for photography is perhaps the most important part of running a successful photography business. Without it the landscape to earn a living wage is diminished so if you are just starting out or perhaps need a refresher we are here to help. If you are a new or existing client we would love you to read along.
A partnership with your photographer is a wonderful thing and we know it’s important to sometimes explain how are services are set up and our fees calculated. This allows for that photographer to stay in business as your photographer for many, many years to come.
What is Copyright in Canada?
“For all artistic works, the author of the work is the first owner of its copyright. The author may then assign the copyright to another person. Determining who is the “author” of a photograph will depend on when the photo was taken since the process, as outlined in the Copyright Act, was amended by the passing of the Copyright Modernization Act in 2012.” (CIPPIC, https://www.cippic.ca/articles/copyright-and-privacy-in-photography)
So we need to look at work created before and after 2012 when the Copyright Modernization Act came into place.
Before 2012 – “photograph authorship fell under a special regime in the Copyright Act. When a photo was taken, the copyright, by default, belonged to the person who owned the film negative, or digital camera at the time the photograph was taken. This means that the photographer was not necessarily the author of the photograph.” (CIPPIC)
Thankfully this has changed because this would be for clients and photographers alike hard to keep track of. With the rise of digital cameras and phones the law was updated in 2012 under the Copyright Modernization Act.
After 2012 – “As of November 2012, the author of a photograph is the person who takes the photo. This brings photo authorship in line with the rules governing other “Artistic Works” such as paintings, drawings and sculptures.” (CIPPIC)
AppRevenue streams that come from being able to sell licenses to use photography is a revenue stream for photographers.
Just like an author sells books in a quantity, a photographer – when appropriate – sell multiple licenses to create revenue from content they have created. Clients may ask for a time period where the content is exclusive or to buy copyright, but this then would be sold at a much higher cost as revenue streams then are lost to them. (Note: Resale is more on the commercial side, not so much for retail).
By selling a license to content the photographer remains in control of the use of the work they create. This ensures that the work is not used by the organization without the photographer’s input. For example, I recently had to ask images I made for a client to not be used to advertise images another photographer was taking for them. The images were not representing to their clientele what they would receive and were not created for that use. The exchange was cordial as likely they had no idea about the copyright on the images they used.
When the budgets to create content are constantly lowering and the fees to run a business increase copyright ensures the right to earn a living wage. In our industry operational costs versus income determine our fee structure but sadly many photographers do not understand the cost of doing business.
When we do as a photographer we ensure a strong business that can serve you and your organization for years to come with reliable services and new skills. After almost 12 years in business I know it has made my business viable.
(There are two main areas of photography that photographers like myself work in.
The first is retail photography which is defined as B2C or business (that’s me) to consumer (that’s you hiring me for personal photography). In B2C I provide services such as family photography, graduation photos and so on (it would also include weddings).
On the other side I also provide commercial photography – defined at B2B or business (that’s me) to your business (that’s any business you run or work on behalf of). In B2B I cover events, create content for magazines, shoot headshots for employees and create content for ad campaigns.
In both cases I release content with a license that defines how it can be used.
For retail this typically is for personal use and doesn’t get too picky, for example, if you want to add it to a family album. But you cannot on the flip side get married and then provide the images to vendors as the license doesn’t allow for sharing beyond your own personal use. It also might ask you not to edit with filters and the like so as not to represent our work in a way that it wasn’t given to you. As mentioned before we do not typically resell on this side of the services we offer, using it only to ensure it represents us and is not used for commercial purposes.
For commercial the points of use are often negotiated – depending on the use, duration and budget – this can look different from client to client. A client might ask for exclusive use for a time period or in some rare cases to buy the content outright. The latter is demonstratively more expensive and is rarely in line with the budget so licensing is standard in the industry.
Amazing food (in part through our photography) in the Durham Region is a story we have been telling locals and visitors to Whitby about for many years. For 2024 we have continued this alongside our client partners at the Town of Whitby Tourism team with ten new pages and a refreshed look to the entire guide.
The guide is an award winning piece that was awarded the EDAC’s the top Marketing Canada Award for a Single Publication – 5 or more pages from the Economic Developers Association of Canada in 2023. The design by Amanda Jones and the entire team is alive with the amazing food scene options we have to offer in Whitby.
Please note all content is made for the Town of Whitby tourism and they hold exclusive rights to this content for 6 months from launch. Afterwhich all content can be purchased for use by the respective businesses showcased.
As you might imagine a refresh means content from the 2022 and 2023 issues remain and we have added new content each year. I am only going to showcase the pages with our images from the 2024 refresh but invite you to spend time with the full guide which we will cite at the end of the blog post.
Page 5: We took only the images from Namak Handi.
We had the pleasure of working with the following amazing local businesses in town – listed in the order in the guide :
Please note all content is made for the Town of Whitby tourism and they hold exclusive rights to this content for 6 months from launch. Afterwhich all content can be purchased for use by the respective businesses showcased.
To view the content on the Town of Whitby Tourism Website visit here:
Natural Light v. Studio Light v. Off Camera Flash – is there one that is better?
When I started photographing professionally I was a committed natural light photographer. I would defend my choices with a staunch love for golden hour light, the gleam it gives eyes and the feeling you get when the light is just right. Spoiler alert – I was wrong.
Using natural light from the large three story tall windows at Whitby’s Little Beasts Brewing Company was the right choice for this session for the 2018 Explore + Experience Whitby magazine. (April 2018)
Fast forward 6.5 years to current day and my art uses the best light for the situation at hand. Natural light is amazing and I still love it. I still love to shoot family sessions in the golden hour but the reality is the majority of the work I do does not occur in ideal lighting settings. Dark restaurants, moody event halls and locations with different light situations in different rooms (always a fun challenge).
We paired natural light and a diffused, studio strobe to showcase A Tavola’s chef Vito Clemente in his expanded location in Whitby. (April 2018, Explore + Experience Whitby)
I read recently in a workshop description that a client was thrilled that they had learned how to shoot without a flash. They were quoted as this being the reason their photos now “look(ed) different”.
I respectfully beg to differ.
I believe studio light, off camera flash and the ability to see natural light in new, exciting ways is what makes a business stand out. Conversely what makes a professional photographer a stronger artist, more capable of delivering the services your brand, business or publication will need.
Using my Canon flash on camera to light up the night in the every changing light situations of the Drawing for Art event at the Station Gallery. The art of bouncing light is a challenge I love. (April 2019, Drawing for Art)
Instagram is flooded with natural light look alike photography – this style is a trend and it’s a trend new influencers/businesses are rejecting. Gone are the days of white walls, carefully picked accessories and that over exposed styling as businesses embrace images with strong storytelling that align with their business goals and brand.
The reality is each brand needs photography that aligns with it’s look and feel. To create content for a business that is the same as everyone else defeats the purpose of creating unique, custom and branded content.
The fusion of natural light with just a touch of a studio strobe to create this dreamy light that captured the lemon merengue tarts at M&R Catering for the 2018 issue of Explore + Experience Whitby cover.
The more important question when hiring someone to assist you with your professional photography needs is can they use all forms of light? Studio light for headshots with catch lights, hair lights and light that wraps around the subject to create a portrait. Off camera flash which will add definition when shooting a dish at a restaurant. Knowing where to pose clients in natural light to use it to it’s fullest potential.
Interested in working with us to enhance your brand with a full range of skills in light from natural light, studio light and off camera flash? Connect with us via our website form: CONNECT
Each time we start working with a headshot client it is important to determine the goals they have for their session. Is the job they are doing very corporate – for example, a lawyer or a banker? Is it subject to a series of guidelines in terms of what they can wear in a head shot. If you think I am kidding let me send the 4 page document I have seen from some banks to prove my point.
When Kerri King, CEO of the Station Gallery approached us to create new headshots we discussed her needs. She wanted to something that was connected to the downtown in Whitby, showcased her personal style, was professional but with a strong and modern location. With that in mind we got down to work to capture the experience.
Our chosen location is the new, modern and hip coffee shop Brock St. Espresso on the main street in Whitby. Owned by David and Lorena Purchase this new hot spot has a clean, modern look, lots of historical and modern touches and most importantly espresso. The window seating with the live edge counter was perfect to pair with some of Kerri King’s favourite art books, hat and immeasurable style.
This classic portrait showcases CEO Kerri’s timeless style, the location’s natural light and this pose come together in a strong portrait of a local leader in our community of Whitby, Ontario and in the Durham Region.
Kerri King is a community builder, working for Durham Region and now for the Station Gallery. We wanted to showcase the downtown which is part of the community Kerri and her team at the Station Gallery are working hard to develop. A community with colour, style and an appreciation for art, artists and their work. Her bright scarf, art books and hat all lend to the storytelling we are doing in her portraits.
To wrap up our session we spent a little time creating – after all with the CEO of the Station Gallery in front of our lens it seemed the right thing to do. Kerri was up for anything and we ended up with some great final images for her 2019 portraits.
We are back to it in 2019 creating a series of blog posts highlight the past few years of creating strong, impactful images for clientele through my Corporate business and the editorial work I create for East of the City magazine. In this series I will introduce you to some amazing human beings who run their own business(es) and shape the business landscape in the Durham Region.
Facing the northern sky in Bowmanville in the old factory the Yoga Jungle is a heavenly place to practice aerial yoga. Swaths of turquoise fabric known as silks are lined up in rows for this art form. Light streams in through factory windows creating a truly special space for exercise and meditation.
Aerial yoga is great for men and women. “Aerial yoga is known for its ability to reverse the effects that gravity has on the body, boost your mood and promotes a sense of well-being through child like play.” (fn: yogajungle.ca website). Using this form of yoga one can work to reconnect their mind, body and soul.
Owner Jenna Richards was inspired after taking her first class, finding it alleviated familiar aches and pains. She now dedicates herself to the practice and helping others find their own sense of balance.
If you are looking to create powerful images that make your business STAND OUT in a crowd contact us to tell your story. We create colourful, focused and professionally executed photographic images that stand the test of time.
We are back to it in 2019 creating a series of blog posts highlight the past few years of creating strong, impactful images for clientele through my Corporate business and the editorial work I create for East of the City magazine. In this series I will introduce you to some amazing human beings who run their own business(es) and shape the business landscape in the Durham Region.
Synonymous with sewing the name Rebecca Munn always reminds me of top notch sewing classes in the Durham Region. This Whitby resident has been making a name for herself in the industry from her teens and boasts a life time of experience behind a machine.
Being in a class with Rebecca is like mixing laughter and fabric into a delightful atmosphere. Her class offerings range from absolute beginner to seasoned pros – kids classes, stitch and bitch and quilting are all offered in her studio. Her facebook group “Just Sew It” provides online support and community in the art of sewing. You simply have to try a class with her if sewing is on your list of things you want to learn or want to reconnect with to improve your skills.
New on the horizon is the launch of Rebecca’s Whitby studio – the new studio is located in the plaza @ 2020 Wentworth street in Whitby. Unit 27. The grand opening is March 30th so there is not that much time to wait. Sign up for a class today : https://www.rebeccamunn.com/
If you are looking to create powerful images that make your business STAND OUT in a crowd contact us to tell your story. We create colourful, focused and professionally executed photographic images that stand the test of time.
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