Rules and ethics
Part of Product photography copyright UK: who owns the images?
Product photography copyright UK: who owns the images?
UK copyright law gives product photo ownership to the photographer, not the brand that paid. Here is how assignments, licences and moral rights work.
What to take away
- Under UK law the photographer usually owns copyright in product images, even when you commissioned and paid for them.
- Ownership passes to your business only through a written assignment signed by the photographer.
- Moral rights stay with the photographer unless waived in writing, and they cannot be transferred.
- A licence covering your website, marketplaces and ads is often enough, and cheaper than buying the copyright.
Who owns copyright in a product photograph?
A product photograph is an artistic work under the Copyright, Designs and Patents Act 1988. Section 9 says the author is the person who creates the work, which for a photograph means the photographer. Section 11 then gives first ownership of copyright to that author. Commissioning the shoot, paying the invoice or buying the props changes nothing on its own.
The 1988 Act replaced the Copyright Act 1956, which treated commissioned photographs differently. That older rule still shapes what many UK businesses assume about ownership.
The Intellectual Property Office publishes practical guidance on copyright and related rights, which is worth reading before you brief a photographer. IPO guidance
Why US work-for-hire advice misleads UK buyers
Plenty of online guides describe work made for hire. That is a US concept with no direct UK equivalent for freelance work. Without a written assignment, the photographer keeps the copyright and can license the same images elsewhere, including to a competitor.
What a written assignment must include
Copyright can be transferred, but only in writing. Section 90(3) requires the assignment to be signed by or on behalf of the person giving it up. A useful agreement covers:
- The works being assigned, identified by shoot date or file list.
- The word assign, rather than buy or own.
- Whether the transfer is complete or limited by territory, media or time.
- A waiver of moral rights, signed by the photographer.
- Warranties that the images are original and that releases are in place for people, props and premises.
Ownership scenarios at a glance
The default position depends on who took the pictures and what the paperwork says.
| Scenario | Default owner | What to agree |
|---|---|---|
| Freelance photographer, nothing in writing | The photographer | An assignment or a written licence |
| Freelance photographer, signed assignment | Your business | Keep the document with the invoice |
| Photographer employed by you | Your business | Duties should include photography |
| Agency shoot | Usually the agency | Check whether it assigns or licenses, and on what terms |
| Stock or library images | The contributor or library | Read the licence tier for advertising use |
Licences are usually the practical answer
Most shops do not need to own the copyright at all. A licence can cover everything a listing needs, provided it is written down and wide enough. Look for worldwide use, no time limit, all media, and the right to let marketplaces and retail partners reproduce the images. Get it signed before the shoot, not afterwards. Marketplace rules add their own image standards, which are worth checking before you brief anyone: Amazon product photography requirements.
Moral rights and credit
Photographers hold moral rights: to be identified as the author, and to object to derogatory treatment of their work. The right to be identified must be asserted in writing to be enforceable, usually in the contract. Moral rights cannot be assigned, but they can be waived in writing. For ecommerce work a visible credit line is rarely practical, which is why many brands ask for a waiver instead.
Staff shoots, freelancers and agencies
If a photographer is your employee and takes the images in the course of their job, section 11(2) gives the copyright to the employer from the start. Freelancers and agencies are not employees, so the default sits with them. Many studios retain copyright and grant a licence as standard, so it is worth weighing the trade-offs before you book: using an agency or a freelancer.
If a competitor uses your images
Copyright gives the owner the exclusive right to copy the work and to communicate it to the public. A rival site that lifts your gallery shots for its own listing is infringing unless an exception applies, such as criticism or review. Keep the original files with their metadata, note the URL and the date you saw it, and send a takedown notice to the host.
Common questions
Do I own the photos if I paid the photographer?
No, not by default. Payment buys a licence on the agreed terms, not the copyright itself. You own the images only if the photographer signs a written assignment.
How long does copyright last in the UK?
For a photograph with a known author, copyright runs for the photographer's life plus 70 years, ending on 31 December of the final year.
Can I buy the copyright outright?
Yes, through a written assignment. Expect to pay more than for a licence, and decide whether you also want the RAW files and the retouched masters.
Can the photographer reuse my product shots in a portfolio?
Usually yes, unless the contract restricts it. Many brands accept portfolio use but ask for a delay until the product has launched.