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Who owns the photos? Let’s talk copyright without putting you to sleep

  • Writer: Mel Kerr
    Mel Kerr
  • Jul 2
  • 4 min read

Updated: Jul 6

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So, you’ve booked a shoot, had your session, and received your gallery. You’re in love with your photos (yay!), but maybe you’ve wondered:

Do I own these now? Can I print them? Can I share them? Can I sell them to Vogue? Can I enter the The Bonds Baby Search with them?


Let’s break it down, with no legal jargon, just real talk.


TL;DR:

  • I own the copyright, you get a personal-use license

  • You can print, post, and enjoy your images

  • You can’t sell or alter them

  • I’ll always check before sharing your photos publicly



First things first: Who owns the photos?

Here’s the short answer: I do.

Yep, under Australian copyright law, the photographer (me!) automatically owns the copyright to the images we create together, even if you’ve paid for the session.


That might sound confusing, but it simply means I retain the rights to how the images are used and shared.


You’re not buying the images. You’re buying a license to use them.


But before you give me the side-eye 👀 here’s what that actually means for you and what it definitely doesn’t.


What you can do with your photos

When you book a session with me, you’re also getting a personal-use license. That means you can:

✅ Download and save your images

✅ Print them, create albums, slideshows, gifts, use them when someone passes away or at a graduation.. you get the picture.

✅ Share them on social media (credit is always appreciated but not required!)

✅ Cry happy tears when you look at them (not a legal thing, I just thought it sounded sweet)


What you can’t do with your photos

Here’s what your personal-use license doesn’t cover:

🚫 Sell your photos to a brand or magazine or for for commercial purposes (you can't make money off my photos, sorry!)

🚫 Use them in advertising or commercial materials including submitting them to contests, publications, or third-party platforms without permission

🚫 Edit or heavily filter and/or crop them in a way that misrepresent my work and brand

🚫 Claim you took them or the images are yours or providing them to other photographers/businesses/publications.


If you’re ever unsure, just ask. I'm always happy to chat about what’s okay and what’s not.



Why photographers keep copyright

It’s not about being controlling. It’s about protecting the work I create and keeping things consistent with my style and brand. I pour hours into not just the session itself, but the editing, the colours, the tones and the feel. Holding the copyright means I can:


  • Showcasing your photos in my portfolio and showing a true representation of my brand and style of photography

  • Share them (with your permission!) on my website or socials

  • Use them to grow my small business through word-of-mouth and my online presence


 Model Release: Why It’s in Your Agreement

Included in your client agreement is a section called the Model Release, and here’s why it matters:

"The Client grants The Photographer permission to use the images featuring their likeness for, but not limited to: display; publication; related website and blog use; contest entry, and/or peer review; promotional business material and social media posts."

This clause gives me permission to use your photos to showcase my work, whether that’s on my website, Instagram, a printed guide, or when entering awards or peer reviews.


But more importantly, it protects both of us. You know exactly how your images may be used, and I’m able to grow my business with authentic work I’m proud of. If you’d prefer to keep your session private, I absolutely respect that and will keep your photos off the internet.


Can I ever buy the copyright?

Technically, yes but it’s a big deal (and an extra fee), and most people don’t need to. In almost every case, the personal-use license gives you everything you need to enjoy and share your photos.



What if I don’t want my photos shared?

Totally fair. You always have a say in how your photos are used. If you’d prefer your session to stay private, just let me know, and I'll respect that 100%!



Got questions about your gallery, usage, or anything copyright-y? I love helping clients understand how image use works, because when everyone’s informed, everything runs smoother. I’m always an email away and promise to explain it without the legal headache. I aim to always keep my client experience simple, respectful and transparent 💛



Photo Usage FAQ

Do I own the photos after my session?

Not exactly. As the photographer, I retain copyright under Australian law. What you receive is a personal-use license, which allows you to enjoy and share the images for personal reasons (printing, posting, gifting, etc.).

What can I do with my images?

You’re welcome to:

  • Download and save them

  • Print them for your home, office, gifts, etc.

  • Share on social media (credit is always appreciated but not required!)

What am I not allowed to do?

You can’t:

  • Sell the images

  • Submit them to media, contests, or other platforms

  • Use them for business or commercial purposes unless I give you permission

  • Add heavy filters or make edits that misrepresent the style of the images

Can you keep my session private?

Absolutely. While your agreement includes permission (a model release) to use your photos for promotional purposes, you’re always welcome to opt out. Just let me know.

Why don’t you send all the photos or RAW files?

I carefully curate and proof-edit the best images that meet my professional standards. RAW files are unedited and not representative of my final work, so they’re not available for purchase or release.

What happens if I lose my photos?

I archive sessions for up to 12 months. It’s best to download and backup your images as soon as your gallery is ready because beyond those 12 months, I can't guarantee they'll still be available online and once I take them offline and back them up to external storage drives, there will be an additional find and upload fee if you want additional copies reuploaded.

Can I request extra images or a full gallery upgrade?

Yes! Your gallery may include extra images available for purchase:

  • Single image: $35 each

  • 10-image digital bundle: $100

  • Full gallery upgrade: $249 (all images in your proof gallery)


 
 
 

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MEL KERR PHOTOGRAPHY

Family, maternity & newborn photographer based in the Sutherland Shire in Sydney.

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