This is a quick primer on the basic rules of licensing a photo. The first thing to remember is that you don’t “buy” a photo–you buy a license to use the photo. The terms of permitted use are stated in the license contract. 

Here at Joe Benning Photography we have fairly simple and straightforward terms. And the photos that are offered for sale on a restricted basis–like photos for editorial use only–are labeled as such. However there are some distinctions that need to be addressed. 

The major difference is how the photos are classified. Photos are either classified as (1) editorial or (2) commercial.  The classification difference is determined by how the photo is used. But we don’t know how the photos are actually going to be used. 

However we can classify photos so that they protect legitimate property rights. 

As a practical matter this site licenses photos by categorizing them as either for personal use or commercial use. Photos licensed for personal use almost always follow the same rules used for editorial use. But not always. 

For instance, photos licensed for editorial use are generally subject to the following conditions. The photos

• May be displayed on personal devices and personal websites/social media.
• May not be resold, redistributed, sublicensed, or used to advertise or promote a business.
• Also note that the copyright © remains with the photographer.

On the other hand a photo licensed for commercial use 

• May be used in commercial websites, marketing, advertising, publications, and promotional materials.
• The photograph itself may not be resold or redistributed as a standalone image or stock photograph.
• As with editorial licenses, the copyright © remains with the photographer

Generally speaking, property rights are protected by use rules. If for instance, a model is used in a photo designed to advertise a product or service, a signed model release is a necessity. The same applies to landmark buildings that are protected by copyright. For instance the Eiffel Tower is protected for night shots, but not for day shots. Why? Because of historical circumstances the copyright protection for day shots has expired, but the copyright for night shots has not. 

People (and other protected property) incidental to a shot can’t be used for commercial purposes–for instance to promote a product or service. But the photos can be used in a newspaper or magazine article for illustrative purposes or as works of art. 

A good test to use to determines how a photo can be used is to ask the following questions.

1. Is the photograph illustrating information? If so, the photo can probably be used for editorial purposes without the necessity of a model release. 
2. Is the photograph helping to sell or promote something? If the answer is yes, the photos are subject to the strictures applicable to commercial use. In addition, photos of models (and other protected property) must be accompanied by a signed release. 

So that, in a nutshell, is how copyright works. This is not meant to be legal advice. That’s what lawyers are for. This is designed to serve as an outline of the rules of the road.