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- A photographer is a person who takes photographs using a camera. A professional photographer uses photography to make a living whilst an amateur photographer does not earn a living and typically takes photographs for pleasure and to record an event, place or person for future enjoyment. A photographer's pursuit of photography may be as an art form or to sell photographs for commercial purposes, or both. Photographers are often categorized based on the subjects they photograph. Some photographers explore subjects typical of paintings such as landscape, still life, and portraiture. Other photographers specialize in subjects unique to photography, including street photography, documentary photography, fashion photography, wedding photography, war photography, photojournalism and commercial photography. Paparazzi are photographers who take candid photographs of celebrities. How photographers license and sell their photographs: Countless industries purchase photographs for use in publications and on products. The photographs you see on magazine covers, in television advertising, on greeting cards or calendars, on websites, on product boxes and packages, and so on, have generally been purchased for this use, either directly from the photographer or through an agency that represents the photographer. A photographer uses a contract to sell the "license" or use of his or her photograph with exact controls regarding how often the photograph will be used, in what territory it will be used (for example U.S. or U.K. or other), and exactly which products it will be used on. (An additional contract and royalty would be used for each additional use of the photograph. For example, the photographer may sell the use of his photograph to different companies for use on calendars, cereal boxes, magazines, greeting cards, or many other products, in many countries. ) The time duration of the contract may be for one year, or for a different duration. The photographer usually charges a royalty as well as a one-time fee, which may or may not then be deducted from the royalties, depending on the terms of the contract. The contract may be for non-exclusive use of the photograph (meaning the photographer can sell the same photograph for more than one use during the same year) or for exclusive use of the photograph (i.e. only that company may use the photograph during that year). For example, a contract may stipulate non-exclusive use of the photograph on print greeting cards for one year within the United States with a certain up front fee and royalty per unit printed. The contract can also stipulate that the photographer is entitled to audit the company for determination of royalty payments. Royalties vary depending on the industry buying the photograph and the use, for example, royalties for a photograph used on a poster or in television advertising may be higher than the royalty for use on a limited run of brochures. A royalty is also often based on the size the photo will be used in a magazine or book, for example, if it is used as a quarter or half-page photo or full page. Cover photos usually command higher fees than photos used elsewhere in a book or magazine. There are major companies who have maintained catalogues of stock photography and images for decades, such as Getty and others. In recent years, many online stock photography catalogues have appeared which invite photographers to sell their photos online easily and quickly, but often for very little money, without any royalty, and without any control over the use of the photo, the market it will be used in, the products it will be used on, time duration, etc. These online catalogues or the industries using the photograph may then profit from the photo with the photographer making little to no money for his photograph. Because of the difficulty in controlling the use of the photograph after it is passed on on the internet, the photographer may never be able to license his photograph again for future use or regain ownership of his photograph. Even amateur photographers need not give their photos away for free if they are of marketable value. Information about licensing and marketing your photographs, and photo licensing contracts, is available online and in libraries. One can gain an understanding of the business of licensing and protecting photographs by consulting a variety of books and online resources on photograph licensing, and/or by contacting a lawyer who specialises in licensing/royalties, particularly of artwork and photography. Some people upload their photographs to social network websites and other websites online not realizing that some of these websites can share, distribute, or sell these photographs, and/or that other users are often able to download photographs of yours for further publication or use. In other words, your personal photographs on your social website page can easily wind up in stockpiles or catalogues containing thousands of images where they are purchased and used without your knowledge. Not only does the profit from the photographs then go to someone other than you, and no credit of any kind given to the photographer, this may be especially disturbing in the case of photos that have family and sentimental value, or other photos which the photographer did not intend to give away or sell. Likewise with photos sent in to contests in magazines or websites. When the amateur photographer sends it in, they may give their name and story about the photograph and be happy for the photo to be printed free of charge in a particular magazine. But the hundreds or thousands of photos that come into the company's ownership in this way will eventually usually be passed on for various other uses either in print or on the internet, with the photographer not receiving even any photo credit. Only a contract can protect the photographer's rights. Photographers must also research individual companies and publishers before selling their photographs, even with a contract, to ensure that the company has a good record and is in good business standing. Photos taken by a photographer while working on assignment for a magazine or other publication or company often belong to the company or publication, rather than to the photographer, unless stipulated otherwise by contract. Professional portrait and wedding photographers often stipulate by contract that they retain the copyright on wedding photos or portrait photos, so that only they can sell further prints of the photographs to the consumer, rather than the customer reproducing the photos by other means. If the customer wishes to be able to reproduce the photos themselves, they may discuss an alternative contract with the photographer in advance before the pictures are taken, in which a larger up front fee may be paid in exchange for reprint rights passing to the customer.
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