Key legal aspects regarding copyright and image rights
- Fotoprostudio
- Sep 25, 2025
- 5 min read
What brands, photographers, and models often fail to understand (and later pay the price for)
Index:
1. What no one wants to read (until it's too late)
In today's visual world, everyone thinks they know what a good image is. But very few understand who actually owns that image. Or, even worse, they think that because they paid for it, it’s automatically theirs.
Every day, brands, influencers, photographers, and models use images without fully understanding what rights they have... and what boundaries they should not cross. The problem is, when everything is going smoothly, no one complains. But when the relationship breaks down, when the campaign escalates, or when money is involved, what's left unsigned begins to cost. And it costs a lot.
This post is a straightforward guide. Here, we talk about ownership, image rights, licenses, contracts, and common mistakes. Because if you work with images and if you’re selling something today, you need to understand not just how a photo looks, but who can use it, where, and for what purpose.
2. The photo belongs to the photographer. Period.
This principle is as simple as it is ignored. The authorship of an image belongs, by default, to the person who created it. This is established by the Intellectual Property Law in Spain and in almost every country.
✔️ Even if you, as a brand, paid for the photoshoot, you do not own the photos. ✔️ Even if the model is the main subject, they cannot freely use the images without the permission of the author. ✔️ Even if you are in the image, it does not make you the owner of the photograph.
The author of the image retains the exploitation rights unless a contract states otherwise. This includes the right to decide where it is published, how it is used, whether it can be modified, or resold.
Sounds extreme? It's not an exaggeration. In 2021, a Spanish influencer was sued by her photographer for using photos from a session in an advertising campaign without paying for commercial use rights. The photographer won.
Paying for a session doesn't make you the owner. It makes you a licensee, and only if a contract is signed.
3. The model has the right... to their image, not to the photo
The second most common mistake is thinking that if you appear in the photo, you can use it however you want. That’s not the case either.
The right to one’s own image protects every recognizable person in a photograph. It is a fundamental right. However, this does not mean that the model has control over the photo if they are not the author.
The key lies in the image release. A written authorization (essential) that allows the use of that image for a specific purpose, during a defined period, and across specified channels.
A verbal consent or a generic signature is not enough if the usage is not detailed.
Real example:
A cosmetics brand used an image of a model on a physical store billboard. The original license only covered their website. Result: lawsuit, campaign withdrawal, and loss of investment in printing.
4. Social media, reels, and advertising: The black hole of modern marketing
Today, having just a website is not enough. Images are flying across TikTok, Instagram, Meta ads, Amazon catalogs, videos with music, viral reels...
Each channel has different legal implications. And without clear clauses, you're navigating blindly.
Can a photo taken for your online store be used in an Instagram Ads campaign? No, unless it's specified in the original contract. Can you create a video using photos from a session and upload it to YouTube? Only if you have authorization from the photographer and the model for that audiovisual use.
And here's the most delicate part: in paid promotional campaigns, the rights must be commercial, not editorial. Many contracts don't specify this, and that's where lawsuits arise.
Model clause (recommendation):
"This image release includes commercial use in online media, social networks, owned channels, and paid campaigns, with no territorial limitations, for a period of 24 months from the date of signing."
5. And the location? Who signs that?
Another often overlooked aspect in visual productions: location.
Photographing in a private house, a store, a coworking space, or even in a public area with recognizable elements requires permission or a contract, especially if there is commercial use involved.
Can you use your friend's garden to do a clothing brand photoshoot? Only if you have her written consent and no other laws are violated (such as child protection laws, for example). Can you use a photo with the background of a famous mural? It depends. If the mural is copyrighted (like street art), you need the artist's authorization.
Real case:
In 2019, a well-known streetwear brand was sued for using a campaign featuring copyrighted graffiti without consent. They had to pay damages and remove all the material.
Architecture, art, and design also have rights. It's not just the model and photographer.
6. Checklist: What a well-drafted image contract should include
Here, there's no magic, only method. A professional contract (for photographers, models, or brands) should include, at a minimum:
Duration of the transfer (1 year, 5 years, indefinite... but defined)
Geographical scope (Spain, EU, global)
Channels of use (website, social media, physical store, ads, press...)
Type of license (exclusive or not, transferable or not)
Authorization for editing, cropping, adaptation
Obligation to credit the author or not
Financial compensation (fixed or variable)
Withdrawal or early cancellation clause
Without this, the transfer doesn't hold up legally. And most of the time, nothing is even signed.
7. And if they’ve uploaded it themselves to social media? Is that good enough for me?
No. Posting something on Instagram does not mean you can use it as a brand. Not even if the person tagged you. To reuse user-generated content (UGC), you need formal consent, not just a comment or a like.
The only exception: when the person has previously signed a release for promotional use and explicitly agreed that their content can be used. Even then, there are limits.
8. Real consequences of doing things wrong
Here we are not talking about theory. We are talking about cases like:
A photographer suing a brand for using his photo in an unauthorized paid campaign.
A model demanding compensation because her image remains on an online store after the licensing period has expired.
A client reusing old photos in another project without paying for new usage rights.
An e-commerce site losing thousands of euros by removing images due to legal issues with the location.
All of this happens. All of this can be avoided.
9. Why does this matter more now?
Because we live in an overflowing visual culture, where everything seems free and reusable. But overexposure doesn't eliminate rights—it multiplies them.
Because we are increasingly working remotely, with diverse teams, and without clear contracts.
Because a poorly used image can lead to a reputation crisis, a fine, or the breakdown of a key collaboration.
And because if you take your brand seriously, you must take your images seriously. Not just how they look, but also how they are used—and who owns them.
10. Conclusion: professional image also requires a signature
A good image is not only lit, framed, or retouched. It is also agreed upon. What is not agreed upon is assumed. And what is assumed, one day, is disputed.
If you work with images, work with contracts too. It's not bureaucracy. It's good judgment.
Useful Resources and Links
Intellectual Property Law – Spain: https://www.boe.es/buscar/act.php?id=BOE-A-1996-8930
FEPFI Guide on Professional Photographer Rights: https://www.fepfi.es
IMAGE CONSENT for Models – Base Example [PDF of professional consent – editorial or commercial]
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