You Paid for the Shoot, But Do You Own the Content? What Photographers and Videographers Need to Know About Copyright
A photograph may take only seconds to capture, but the question of who has the right to use that photograph can create a much bigger conversation. For photographers, videographers, event organisers, artists, businesses, families and clients across South Africa, one question continues to cause confusion: If I took the photograph or filmed the video, does it automatically belong to me? Or, if I paid for the service, does the content belong to me? The answer is more complicated than many creatives and clients realize. The issue came into focus during a recent discussion about the relationship between photographers and their clients, particularly when a photographer wants to use commissioned photographs on social media or as part of their portfolio. Imagine this: You book a photographer for your wedding, family shoot, birthday celebration or corporate event. You pay for the service. The photographs come out beautifully. A few days later, the photographer posts some of those images on Instagram to promote their business. The client might ask: “But you photographed me. Why are you posting my pictures without asking me?”The photographer might respond: “But I created the photographs. Surely I can use them to market my work?” So, who is right? The first lesson is that creatives and clients need to understand the difference between the author of a work and the owner of copyright. Under South African copyright law, these are not necessarily the same person. The photographer who creates a photograph can be the author of that work. However, authorship does not automatically answer the question of who owns the economic copyright. The same principle can apply to commissioned audio-visual work. South Africa’s Copyright Act specifically deals with commissioned photographs and cinematograph films. This is where the conversation becomes particularly important for emerging creatives. “I Took the Photograph” Does Not Always Mean “I Own the Copyright” Many photographers and videographers invest heavily in cameras, lenses, lighting, editing software, computers, transport and years of technical training. Naturally, they may feel that because they created the final product, they should control how it is used. But when a client commissions a creative service, the legal position can depend on the circumstances and, importantly, the agreement between the parties. The Department of Trade, Industry and Competition explains that under the existing framework, a person who commissions and pays for certain creative work, including photography, can become the copyright owner, while the person who created the work remains the author. It also recommends dealing with copyright ownership in a written agreement before commissioning creative services. That means a photographer should not simply assume that being the person behind the camera automatically gives them unlimited rights to publish every commissioned image. At the same time, a client should not assume that paying an invoice automatically gives them every possible right over every piece of content either. The contract matters.The Question Every Creative Should Ask Before the ShootBefore accepting a job, photographers and videographers should ask:– Who will own the copyright after payment?– What may the client do with the photographs or videos?– Can the creative use the work in their portfolio?– Can the creative post the work on social media?– Can the client use the work for advertising?– Can the client give the images to another company or publication?– Is commercial use included in the price?– Can either party license the content to someone else? These questions may feel uncomfortable when you are trying to secure a new client, but they are far less uncomfortable than having a dispute after the content has already been published. “Can I Post Your Photos?” This is where things become particularly relevant in the age of Instagram, TikTok, Facebook, websites and online portfolios. A photographer may want to post a client’s photographs because the work demonstrates their skill and could help them attract future customers. From a business perspective, that makes sense. But the fact that the photographer wants to use the photograph for marketing does not mean that the photographer should simply assume permission exists. If the client owns the copyright or the contract restricts the photographer’s use, the photographer needs to respect those terms. A simple clause in the original agreement can make the situation much clearer. For example, the parties could agree that the client owns the commissioned copyright but grants the photographer permission to display selected images in their portfolio and social-media marketing. Alternatively, the parties could agree that the photographer retains copyright while the client receives a licence allowing them to use the photographs for specified purposes. The important point is that both parties should know what they agreed to before the camera comes out. What About Videographers? The same conversation applies to videographers, a videographer may spend days filming an event and additional hours downloading footage, editing, color grading, adding sound and producing the final video. The client may have commissioned and paid for the production, so who controls the final video? Again, creatives should not leave this question to assumptions. The Copyright Act specifically refers to commissioned cinematograph films, while proposed amendments have also sought to update the terminology and provide that ownership of commissioned works would be governed by written agreement. For videographers, contracts should therefore clearly address not only the final edited video, but also questions around raw footage, edited footage, promotional clips, social-media extracts and future commercial use. “But I Want to Be Tagged!” Another issue that frequently causes tension is credit, many creatives want clients to tag them when posting photographs or videos online. That is understandable, a tag can become free marketing for the photographer or videographer. However, being the author and being the copyright owner are different concepts. South African copyright law recognises moral rights for authors. These include the right to claim authorship and, subject to the law, to object to certain distortion, mutilation or modification that prejudices the author’s honour or reputation. That does not mean every social-media post automatically has to contain a photographer’s Instagram handle. Instead, creatives should understand what










