As a creative I don’t spend a lot of time on the technical babble of my niche, but it is important to understand Commercial User Licences and how they differ from Copyright. 

Let’s use an analogy we can relate to. 

Copyright is like being the owner of a Vacation Home

The home is all yours. You decide everything, who stays there, how it’s decorated, and when it’s used. That’s copyright. When you own the copyright to an image, you hold the keys. You’re in control, and others need your permission to use it, just like guests need permission to stay in your home.

User License: Renting the Vacation Home

Think of a user license like renting that vacation home. You don’t own it, but you have permission to stay for a specific purpose and time. The owner, your photographer, still holds the rights but gives you conditional access.

Exclusive License: Having the Vacation Home All to Yourself

This is like having the whole place to yourself. During your agreed period, no one else gets access. It’s your private retreat, and no one else can book it.

Non-Exclusive License: Sharing the Vacation Home

This means multiple people can rent the space. You have access, but so do others. The photographer keeps the keys and shares the use.

In essence, understanding copyright and user licenses is like grasping the dynamics of owning or renting a vacation property. It’s all about who holds the keys, who gets to enjoy it, and under what conditions.

How does copyright affect pricing? 

💰 Copyright Buyout – $$$ Own It All!

You’re going big with a one-time premium fee to snag the full rights to an image. This means the copyright is all yours, and the photographer steps back. No more using, displaying, or selling that image for them. If they want to show it off, they need a nod from you first – you’re the boss of that image now! With copyright (and only copyright) you can even resell the image for your own profit.

💵 Exclusive Use – $$ Your Personal Spotlight

Exclusive use is like having the VIP section all to yourself. You’re the main star – no sharing! You buy the right to be the only one using those images. The nitty-gritty details? They’re all in the contract. The photographer takes a step back, limiting our use to a portfolio and marketing. You get the spotlight, and no one else can steal it!

💲 Non-Exclusive –  $ Share the Love, Keep the Rights

You get to use the images for a duration in your marketing, but the photographer still holds the keys. This is most commonly used  in creative projects where images are updated regularly and affordability is a factor.

Why is this so important to understand?

This is not like hiring a wedding or family photographer, where you’re paying to preserve memories. Brand photography is a business investment. You’re not just buying pretty pictures. You’re investing in visual assets that support your marketing and brand identity.

Why Copyright & Licensing Matters More for Your Brand Than You Might Realize

You are investing in images that work for your business, not just visuals to admire. Here’s why licensing matters so much:

• More flexibility
  A non-exclusive license gives you the freedom to work with different creators. You can build a brand library that evolves with your style and your audience.
  
• Less legal stress
  Clear licensing means simple terms. No exclusivity drama or confusion. Just easy permissions for how to use your images.
  
• Scales with your growth
  As your business grows, you’ll need new images. Non-exclusive licensing lets you do that without renegotiating every time.
  
• Creative freedom
  If you want to shift your visual direction next season, you can. You are not locked into one look or set of assets.
  

From my side of the lens, offering non-exclusive licenses is practical and strategic. It supports client growth, leaves room for creativity, and creates long-term relationships.

If You Use a Photo Without Permission?

Let’s go back to the vacation home. You find a dreamy cottage on Instagram, show up for the weekend with no permission, no booking. That’s trespassing.

Online, using an image without permission is the same thing. It’s digital trespassing.

When you grab a photo from Google, Pinterest, or another business owner’s feed without licensing it, you are stepping onto their creative property. That has real consequences.

Here’s What You Risk:

• Takedown notices. Your posts or site could be pulled offline.
  
• Fines and legal fees. Even one image can cost thousands.
  
• Platform flags or bans. Especially on Instagram or Facebook.
  
• Loss of credibility. Using another creator’s work without asking reflects poorly on your brand.
  

Even if it seems harmless, the damage can be significant. As a female entrepreneur building visibility and trust, your visuals are part of your reputation. Don’t let unlicensed content undermine that.

The Safer, Smarter Way Forward

If you didn’t create the image, ask for permission before using it. Better yet, work with a photographer who will deliver custom, on-brand images that are legally licensed for your business.

If you’re not sure whether an image is safe to use, it probably isn’t. Stick with commissioned or properly licensed content. If you need a quick photo that does not have to be on-brand, subscribe to a site that offers permissions for stock images. They can be found in Canva or royalty free sites like Pixabay. Your brand, reputation, and peace of mind will thank you.

Ready for you next (or first) branding photoshoot in Nova Scotia? Start here

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SOURCE: https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en/what-intellectual-property/what-copyright

Updated July 2025. Further reading recommendations by LinkNow