Image usage

Buy the use, not the copyright.

When you commission photography, you are buying permission to use the images for a defined project, not the copyright itself. This page explains what that means in plain language, what is typically included, and what to ask for.

What you actually buy

Under the Canadian Copyright Act, the photographer is the first owner of copyright in commissioned work. What you pay for is a usage right, clear permission to use the images in defined ways, for a defined audience, on defined channels, for a defined duration. The photographer keeps the copyright; you get the certainty that your use is authorized.

You are not buying the copyright. You are defining how the images can be used.

Every usage right is shaped by five dimensions

Whatever the project, your usage right is defined by these five axes. They are agreed in writing in the quote or invoice, not negotiated again later.

01

Medium and context

Where the images appear: web, organic social, paid digital ads, print, out-of-home, editorial, internal corporate use.

A website carousel plus organic social posts is one common bundle; the same images on a billboard is another conversation.

02

Territory

Where in the world the images are used: local, national, North American, worldwide.

A Quebec event series usually only needs Canadian rights; a brand campaign aimed at the US market needs broader coverage.

03

Duration

How long the right runs: months, years, or in perpetuity.

A one-year right is the most common pattern for paid digital advertising. Editorial features often run on a single-use basis.

04

Exclusivity

Whether you are the only one allowed to use the images. The default is non-exclusive, the photographer can show the work in their portfolio and may license it to others in unrelated industries.

Sectoral exclusivity (no competitor in your industry can use the images) and full exclusivity are negotiable at additional cost.

05

Sublicensing

Whether you may pass the right onward to a partner agency, vendor, or syndication network. The default answer is no, unless the agreement explicitly grants it.

Most projects only need a quick written sublicense extension, easy to grant if asked up front.

Common usage scenarios

Most projects fit into one of these patterns. The actual scope and price are confirmed in writing for your specific project, these are starting points, not fixed packages.

Web and organic social

Most small businesses, professionals, and event organizers

Your own website, blog, organic social posts, newsletters, and standard digital channels.

Non-exclusive

Paid digital advertising

Brands running Meta, Google, or programmatic campaigns

Sponsored social, display ads, retargeting, programmatic placements, for a defined territory and duration.

Non-exclusive, sectoral exclusivity available

Corporate print

Annual reports, brochures, business cards, packaging, signage

Physical materials with a defined print run and distribution. Longer-lived than digital, so usually scoped accordingly.

Non-exclusive, limited by print run and region

Out-of-home (OOH)

Billboards, transit shelters, store windows, event venues

Public-facing large-format display with defined locations and dates. Often paired with sectoral or temporal exclusivity to protect message clarity.

Often sectoral or temporal

Editorial

Magazines, newspapers, blogs, news sites

Single-use editorial publication with photo credit. Editorial use is distinct from advertising, same image, different licence.

Non-exclusive (single-use editorial)

Exclusive use or buyout

Brands that need full control and competitive insulation

Exclusivity (sectoral or full) prevents the photographer from licensing the images elsewhere. A buyout extends that to a broad transfer of economic rights. Both are negotiable; both carry a higher fee.

Exclusive

Two common licensing models

You may have come across "royalty-free" stock images. Custom commissioned photography is usually licensed differently. Both models are laid out here so you know which one fits your project.

Royalty-free (RF)

  • One fee, broad reuse within the licence’s stated scope
  • Usually non-exclusive by default
  • Common for stock libraries (Adobe Stock, Getty Stock, and similar)
  • "Royalty-free" means no recurring royalties, it does not mean free of charge

Best when you need wide flexibility on a smaller budget and the image does not need to be unique to your brand.

Rights-managed (RM)

  • Fee tailored to your specific use (medium, territory, duration, exclusivity)
  • Standard for custom commissioned photography
  • You pay only for the reach you actually need
  • Easier to extend later as your project grows

The default for OLH Photographie commissions. Pay for what you actually use today; come back for a top-up if the project grows.

Why a clear usage right protects you, too

Brand safety

A documented usage right means everyone on your team, and any partner agency, knows what is allowed. No surprise letters from rights-enforcement networks.

Easier internal approvals

Legal, marketing, and procurement can sign off faster when the licence terms are clear and in writing up front, instead of being patched together months after the shoot.

Predictable scaling

If the campaign expands, a new region, a new channel, a new year, extending the right is straightforward. No starting from zero, no awkward licensing renegotiation.

Frequently asked questions

Frequently asked questions

Do I own the photos once I pay?
You own the right to use them as agreed. The photographer keeps the copyright. This is the standard model under the Canadian Copyright Act since the 2012 modernization.
Do I have to credit the photographer?
For editorial and social posts, yes, a photo credit is appreciated and often required. For commercial and corporate use, the credit requirement is set in the agreement: usually waived for advertising campaigns, kept for editorial features. Just ask up front.
Can I crop or apply filters before posting on Instagram?
Light cropping and the platform’s standard filters are normally fine. Heavy retouching, recolouring, or overlays that change the meaning of the image are not, they touch on the photographer’s moral rights and need a quick written go-ahead.
My usage right is ending. Do I have to delete every old post?
No. End of a usage right means you stop creating new materials with the images, it does not mean you must purge your existing posts, archived blog articles, or printed brochures already in circulation. Old materials stay where they are unless the agreement says otherwise.
I want to run paid Meta ads with these photos, is that included?
Paid digital advertising is a distinct usage. It is not automatically included with a "web and organic social" right. Mention paid ads in the quote and the right will be scoped correctly the first time.
Can my partner agency use the images on our behalf?
Sublicensing, letting another party use the images for the same project, is normally agreed in writing. Often it is simple to grant; just ask before briefing them.
What about the people in the photos?
Subjects in identifiable images may have personality or image rights of their own (in Quebec, under article 5 of the Charter of Human Rights and Freedoms). The photographer’s usage right does not displace that, model releases are a separate, complementary safeguard.
Can I buy the copyright outright?
Yes, exclusivity and full buyouts are negotiable for commercial work. They carry a higher fee because they prevent any future licensing of the images. Most clients find that an exclusive long-duration usage right offers the same practical protection at a lower cost.
Are photos I purchase from the website covered by the same rules?
Photos purchased through the website are licensed for personal use only, print, personal display, sharing on personal social media. Commercial use, resale, redistribution, or modification needs a separate commercial licence.
Do you work in both French and English?
Yes, quotes, invoices, and agreements are available in professional Quebec French or Canadian English. Whichever you sign in is the binding version.

Tell us what you need, we will scope the right that fits.

Every project is different. Send a short note about where the images will appear, who will see them, and for how long. A clear quote follows within one business day.