The Essential Guide to Media Rights: Copyright vs. Licensing

Who Owns the Picture? Understanding Your Investment in Photo and Video Media

Welcome to the digital age, where every image and video is a valuable asset. If you are commissioning, purchasing, or distributing media, understanding the difference between Copyright and Rights of Usage (Licensing) is crucial. Misunderstanding this distinction can lead to costly legal disputes and limit how you use your finished product.

At Ulloa Art Media, we believe in clarity and transparency. We don't just deliver stunning visuals; we deliver clear legal rights to use them.

This guide breaks down the core legal principles—based on the US Copyright Act—that govern every piece of photo and video content we create. Read on to ensure you fully understand the investment you are making in your media assets.

1. The Core Concept: Copyright (Ownership)

Copyright is a legal protection provided by the laws of the United States (Title 17 of the U.S. Code, primarily the Copyright Act of 1976) to the authors of "original works of authorship" that are fixed in a tangible medium of expression.

3. Rights of Usage (Licensing)

Rights of Usage (often referred to as Licensing) is the contractual mechanism by which the Copyright Owner grants limited permission to another party to use their copyrighted work.

2. The Bundle of Exclusive Rights (The Copyright Owner's Power)

The copyright owner possesses the exclusive right to do, and to authorize others to do, the following (17 U.S.C. § 106):

• Reproduction: To make copies of the work (e.g., printing a photo, duplicating a video file).

• Derivative Works: To prepare new works based upon the copyrighted work (e.g., editing a photo, creating a short film from original footage, turning a photo into a promotional poster).

• Distribution: To sell, rent, lease, or lend copies of the work to the public.

• Public Performance (Video): To perform the work publicly (relevant for video/audiovisual works).

• Public Display (Photo): To display the work publicly (relevant for photographs).

4. KEY DIFFERENCE: Copyright vs. Rights of Usage

The most important distinction to grasp in media agreements is this:

5. US Copyright Law Exceptions (Fair Use)

The Fair Use doctrine (17 U.S.C. § 107) permits the limited use of copyrighted material without permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.

Courts determine if a use is "Fair Use" by analyzing four factors:

1. The purpose and character of the use (Is it commercial or non-profit/educational? Is it "transformative"—does it add new expression or meaning?).

2. The nature of the copyrighted work (Factual works get less protection than highly creative works).

3. The amount and substantiality of the portion used in relation to the work as a whole.

4. The effect of the use upon the potential market for or value of the copyrighted work.

In short: The Copyright Owner dictates who gets to use the media and how. The Rights of Usage holder only has the power the Copyright Owner granted them in the written agreement.