Copyright & Licensing

Copyright Ownership

All photography, videography, motion imagery, edited images, video productions, and other original creative works produced by Ny-Ke Image Studio LLC are protected by United States copyright law.

Copyright generally begins when an original work is created. In most situations, Ny-Ke Image Studio LLC retains the copyright to the photographs and videos it creates unless those rights are specifically transferred through a written agreement.

Paying for a photography session, video production, collaboration, print, or digital file does not automatically transfer copyright ownership to the client.

Copyright ownership gives Ny-Ke Image Studio the right to control how its work is reproduced, distributed, publicly displayed, licensed, or used to create derivative works.

© Ny-Ke Image Studio LLC. All Rights Reserved.

What Does a Client Receive?

When a client hires Ny-Ke Image Studio, the client is purchasing the photography or videography services and the products or files described in their agreement.

Depending on the project, the client may also receive certain usage rights.

Those rights may allow the client to:

- display delivered photographs or videos for agreed personal or business purposes;

- publish the work on approved websites or social-media accounts;

- use the work for agreed advertising, marketing, editorial, or promotional purposes;

- print photographs when printing rights are included;

- share the finished work within the limits of the client's agreement; or

- use the work for another specifically approved purpose.

The exact rights depend on the contract or licensing agreement for that project.

A client who receives a digital file or print does not automatically receive ownership of the underlying copyright. Purchasing or commissioning photographs does not itself transfer copyright ownership.

What Rights Does a Client Have?

Clients do have rights, even when Ny-Ke Image Studio owns the copyright.

First, a client has the right to use the photographs or video in the ways specifically granted under their agreement.

For example, if a commercial client licenses an image for its company website and social media, the client may use the image for those purposes for the period specified in the license.

Clients and photographed subjects may also have separate privacy or publicity rights concerning the use of their likeness. Copyright ownership does not eliminate those rights. Your supplied copyright guidance specifically distinguishes the photographer's copyright from the privacy and publicity interests of clients and subjects.

That is one reason Ny-Ke Image Studio uses written contracts, model releases, collaboration agreements, and licensing agreements when appropriate.

What a Client Does Not Automatically Receive

Unless specifically granted in writing, a client generally does not receive the right to:

- claim ownership of the copyright;

- sell or license the images or videos to another person or company;

- provide the work to another business for advertising or commercial use;

- substantially alter or manipulate the work;

- create derivative works;

- use photographs as a logo or trademark;

- place photographs on products for resale;

- redistribute high-resolution files;

- remove copyright information where applicable;

- authorize another company to use the work; or

- use the work outside the purposes originally agreed upon.

Your sample licensing agreement specifically addresses restrictions involving alterations, sublicensing, redistribution, trademarks, products for resale, and other uses outside the license.

Personal Use vs. Commercial Use

The rights granted to a portrait client may be very different from those granted to a commercial client.

For example, a personal-use agreement may allow a client to:

- display photographs in their home;

- post approved photographs to their personal social-media accounts;

- share photographs with friends or family; or

- make personal prints if printing rights are included.

Those rights do not necessarily allow the photographs to be used to advertise a business, product, service, organization, event, or brand.

Commercial use normally requires a commercial license.

Want to Use My Photography or Videography?

Ny-Ke Image Studio welcomes legitimate licensing requests.

If an individual, company, publication, designer, agency, brand, or other organization would like to use one of my photographs or videos, permission can be granted through a Licensing Agreement.

A license allows someone to use my work while Ny-Ke Image Studio retains copyright ownership.

This is normally the preferred method when someone wants rights to use my work.

How Licensing Works

A licensing agreement clearly defines what the client is permitted to do with the work.

Depending on the project, a license may include:

The Work

The specific photograph, photographs, video, footage, or project being licensed.

Usage

Where and how the work may be used, such as a website, magazine, advertising campaign, social media, marketing materials, corporate presentation, publication, or other approved purpose.

Duration

How long the client may use the work.

Territory

Where the work may be used, such as locally, throughout the United States, North America, or worldwide.

Exclusive or Non-Exclusive Rights

An exclusive license may restrict Ny-Ke Image Studio from licensing the specified work to others during the agreed period.

A non-exclusive license allows Ny-Ke Image Studio to continue licensing the work to other clients.

Alterations

Whether the client may crop, retouch, add graphics, add text, modify colors, create composites, or otherwise alter the work.

Third-Party Use

Whether advertising agencies, designers, publishers, vendors, affiliates, or other parties may use the work on behalf of the client.

Credit

Whether a photography or creator credit is required.

License Fee

The amount paid for the approved usage rights.

The licensing materials you provided use these same types of terms, including the exact images being licensed, exclusivity, duration, usage, alteration permissions, redistribution restrictions, credit, and payment.    

Limited Licensing

A Limited License gives a client permission to use my work only for specified purposes.

For example:

A company might license one photograph for use on its website and Instagram account for one year.

That would not automatically allow the company to use that same photograph on product packaging, billboards, television advertisements, merchandise, or another company's advertising.

Additional uses would require additional permission or an expanded license.

A limited license is usually the best way to protect both Ny-Ke Image Studio and the client because everyone knows exactly what is permitted.

Broader or Unlimited Licensing

In some situations, a client may need much broader usage rights.

A broader license can give a client extensive permission to use specific photographs or video while Ny-Ke Image Studio continues to own the copyright.

Your unlimited-license reference makes this exact distinction: broader usage may be granted while the photographer continues to retain the underlying copyright.    

The scope, duration, exclusivity, alteration rights, transfer rights, and fee would be negotiated for each project.

Licensing Is Not Copyright Ownership

This is one of the most important distinctions on this page.

A license permits use of the work.

A copyright transfer gives ownership of the copyright to someone else.

They are not the same thing.

When Ny-Ke Image Studio licenses an image or video, I remain the copyright owner unless the written agreement specifically says otherwise.

Can Someone Purchase the Copyright?

Yes, copyright ownership can be transferred, but that is different from purchasing a print, digital file, photography session, video production, or usage license.

A copyright transfer must be handled through a separate written agreement that clearly identifies the work and the rights being transferred.

Your copyright-transfer sample likewise treats copyright ownership as a separate written assignment.

Because transferring copyright means giving up valuable ownership rights, copyright transfers are handled separately and negotiated individually.

I would actually emphasize this sentence on your website:

Ny-Ke Image Studio does not transfer copyright ownership as part of a standard photography or videography service. Copyright transfers must be separately negotiated and agreed to in writing.

 

That protects you from the common assumption that "I paid for the shoot, therefore I own everything."

Copyright Transfer vs. Exclusive License

A client who wants complete control does not necessarily need to purchase your copyright.

You can instead offer an exclusive license.

For example, a fashion designer might want exclusive use of photographs from a campaign for two years.

You could grant that exclusivity while still owning the copyright.

That means:

You remain the copyright owner.

But during the agreed period, you agree not to license the specified work to certain other parties or for certain competing uses.

This can often provide the client with the protection they need without requiring you to give up ownership of the work permanently.

Collaboration Projects

A collaboration does not automatically mean everyone involved owns the copyright to the photographs or videos.

Models, makeup artists, hairstylists, wardrobe designers, stylists, assistants, and other collaborators may receive certain agreed usage rights, but those rights should be defined in the collaboration or licensing agreement.

The photographer's copyright and a model's rights concerning their likeness are separate legal interests.

Therefore, collaboration projects should clearly establish:

- who owns the photography or video;

- what each collaborator may use;

- whether social-media posting is allowed;

- whether advertising or commercial use is allowed;

- whether editing is allowed;

- whether third-party publication is allowed; and

- what credit is required.

Editing and Altering My Work

Unless permission is included in the agreement, clients and licensees should not substantially alter Ny-Ke Image Studio photography or video.

This can include:

- applying filters;

- changing color grading;

- extensive cropping;

- removing elements;

- adding elements;

- retouching;

- compositing;

- using AI to modify an image;

- creating AI variations from an image;

- changing video edits or color grades; or

- creating derivative versions of the original work.

Your licensing materials specifically provide for defining whether cropping and electronic alteration are permitted.    

Minor resizing or cropping necessary for an approved platform can be addressed separately in the license.

Giving Credit Does Not Replace Permission

Crediting Ny-Ke Image Studio does not automatically give someone permission to use my photography or video.

For example:

Photography: Ny-Ke Image Studio

or

© Ny-Ke Image Studio

does not turn an unauthorized use into an authorized one.

Credit requirements can instead be included as part of the licensing agreement. Your copyright material likewise notes that attribution and permission are separate issues.    

Work Displayed on This Website

Photography and videography displayed on ny-ke.com remain protected by copyright.

Making an image or video publicly viewable does not give visitors permission to copy, download, reproduce, publish, modify, distribute, license, sell, or commercially use it.

Your copyright reference specifically states that placing an image online does not place it into the public domain.    

Requesting a License

If you are interested in using photography or videography created by Ny-Ke Image Studio, please get in touch with me before using the work.

When requesting a license, please provide:

- the photograph, video, or project you would like to use;

- who will be using it;

- how it will be used;

- where it will appear;

- how long you need the rights;

- the geographic area of use;

- whether you need exclusive rights;

- whether agencies or other third parties will use it; and

- whether modifications to the work are required.

After reviewing the request, Ny-Ke Image Studio can provide the appropriate licensing terms and fee.

REQUEST A LICENSE

Requesting Copyright Ownership

If a company or client requires ownership of the copyright rather than usage rights, please get in touch with Ny-Ke Image Studio to discuss a Copyright Transfer Agreement. Copyright transfers are not included with normal photography or videography services and must be separately negotiated.

INQUIRE ABOUT COPYRIGHT OWNERSHIP

Questions About Usage Rights?

If you already worked with Ny-Ke Image Studio and are unsure whether your current agreement allows a particular use, please get in touch with me before publishing, distributing, modifying, sublicensing, or commercially using the work. I'm happy to clarify your existing usage rights or prepare an additional license when needed.

Copyright Notice

© Ny-Ke Image Studio LLC. All Rights Reserved.

Unless otherwise stated in a written agreement, Ny-Ke Image Studio LLC retains the copyright to its original photography, videography, and other creative works.

Legal Notice

This page explains the general copyright and licensing policies of Ny-Ke Image Studio LLC. Individual client rights and usage permissions are governed by the written agreement applicable to each project. This information is provided for general informational purposes and is not intended as legal advice.

I think this version fits what you're trying to accomplish much better. It doesn't read like a copyright-law lesson. It basically tells a visitor: “I own my work; here are the rights you may already have; here's what you don't automatically get; and if you need additional rights, here's how you can legally get them.”

For your site, I would probably title the navigation item simply “Copyright & Licensing” rather than just “Copyrights.” It sounds more professional and immediately tells commercial clients that licensing your work is available.