So, you’ve nailed portraits, you’re dipping your toes into commercial work, and suddenly someone asks: “Do we own the photos?” or tells you "We don't want you to use these in your portfolio".
Cue the awkward silence.
Let’s clear this up once and for all: when you press the shutter, you own the copyright. That’s the law in New Zealand under the Copyright Act 1994. However, the commissioning rule undermines this when you're being paid to create these images, so you need to ensure your contract explicitly states that you as the photographer, retain the copyright. If you have this in your contract, unless you sign it away, those images are yours. What your client actually gets is a licence, a permission slip to use the photos in agreed ways.
The Bottom Line
If you’re moving into commercial photography, licensing isn’t optional, it’s part of the job. The sooner you get comfortable with it, the sooner you can start charging properly for the value your images bring.
And don’t worry, you don’t have to figure this all out overnight. Start small, get clear on what’s included, and add layers (exclusivity, international, large-scale paid use) as you grow.
Want to learn more? Check out these resources:
NZIPP
AIPA
We’ve got a free resource for that. It’s short, helpful, and might just change the way you think about money in your business.