Hello, I'm Grégoire, the person behind LA HUTTE! As a photographer and artist-author, I often encounter situations where people seek my services but are unfamiliar with copyright law. I also face unauthorized uses or modifications of my images without my consent.
After some not-so-pleasant experiences and due to the abusive use of my images, I decided to write this article to provide an overview of what is legally permitted with photographs and the risks involved in using them without the author's consent.
Whether you have photos taken by third parties in your files, whether you are a journalist, iconographer, communications officer, photographer, or whether you need to use images for your social publications or for print use, here is the essential information you need to know. Copyright law exists to protect and enhance artistic creations. I even included some GIFs to make this article more engaging, so stick around until the end.
Status of artist-authors
In France, the status of an artist-author is recognized for creators of original works, including photographers. This status grants specific rights and allows for a special social security scheme. To learn more, you can visit the website of the Union des Photographes Professionnels (UPP).
Being an artist-author allows you to earn income from copyright assignments, meaning you authorize an individual or organization to distribute your work under specific conditions.
However, even without being a professional artist-author, anyone who creates a work, even as an amateur, can draft copyright assignment contracts for free, without receiving payment. Every work is thus protected from unauthorized use.
However, even without being a professional artist-author, anyone who creates a work, even as an amateur, can draft copyright assignment contracts for free, without receiving payment. Every work is thus protected from unauthorized use.
Moral rights vs. economic rights
Copyright law is divided into two main categories:
Moral rights: These are inalienable and perpetual. They include the right to authorship (being recognized as the creator of the work), the right to integrity (preventing unauthorized modifications), the right to disclosure, and the right of withdrawal or reconsideration. In other words, even if you sell a photo, you always retain the right to say, "I took that!" Crediting the author, meaning mentioning their name near the work, is not a courtesy—it is mandatory.
Economic rights: These concern the commercial exploitation of the work. They include reproduction rights, representation rights, and resale rights. These rights can be transferred, usually in exchange for compensation. This means you can authorize someone to use your photo for a fee.
Pricing of copyright according to UPP and SAIF
Copyright pricing can vary based on several factors:
Type of use: Web or print, press, advertising, publishing, etc.
Print run or audience: Number of copies or expected reach.
Duration of exploitation: The period for which the work will be used.
Format and placement: The size of the reproduction and positioning (e.g., magazine cover or inside page, proportion of the image on the page).
Several professional organizations for visual artists and photographers provide indicative pricing guides to help photographers estimate the value of their works. These guides, developed by professionals, serve as references in case of disputes.
LA HUTTE primarily relies on the pricing guidelines from the Société des Auteurs des arts visuels et de l'Image Fixe (SAIF), supplemented by those from ADAGP (Société des auteurs dans les arts graphiques et plastiques), UPP (Union des Photographes Professionnels) and SOFAM (l'équivalent de l'ADAGP en Belgique).
Copyright assignment contract and author's note
When a third party wishes to use a work, it is essential to establish a copyright assignment contract. If there is remuneration, it is invoiced through an author's note (invoice). This document specifies the conditions of use for the photograph, including:
Scope of assigned rights: What rights are transferred (reproduction, representation, etc.)?
Distribution media: as described above (type, size, number of physical copies or digital visits).
Duration of assignment: How long can the third party use the work? Beyond this period, a new agreement must be negotiated between the author and the distributor.
Territory: Where can the work be used (France, Europe, worldwide)?
Compensation: Amount and payment terms.
This contract protects the interests of the author and clarifies the terms of use for their works.
Limitations and risks of infringement
Any use or modification of a photograph without the author's consent constitutes infringement, which is subject to civil and criminal penalties. According to Article L. 122-4 of the French Intellectual Property Code:
"Any full or partial representation or reproduction made without the author's consent [...] is unlawful."
This includes actions such as:
Unauthorized reproduction: Using a photo on a website, in a publication, or at an exhibition without the author's permission.
Modification without agreement: Retouching, cropping, montaging, or altering the colors of an image using filters without the author's consent.
Omission or misattribution of credit: Not mentioning the author's name or falsely claiming credit for the photo.
In the event of infringement, the author can take legal action to stop the unauthorized use and claim damages.
So, how does it work when you work with LA HUTTE?
We agree on a quote, which then takes the form of an author's invoice (an invoice that serves as a copyright assignment contract), including a "Rémunération artistique" section. It means "artistic remuneration" and it consists of:
A first part related to the time spent creating the photographs (preparation, shooting, basic or advanced post-production).
A second part corresponding to the lump-sum remuneration for the rights to use the images, based on the conditions outlined in the previous sections and the rates indicated by professional organizations for photography and visual arts.
This artistic remuneration is subject to a reduced VAT rate of 10%. Additionally, as a distributor, URSSAF Limousin requires you to pay a 1.1% contribution, but only if your organization is based in France. declaration must be made once a year on the URSSAF Limousin portal for artist-authors.
All other expenses are invoiced with a standard VAT rate of 20% and are not subject to URSSAF contributions on your part.
This is why every project is unique, depending on the intended use of the images. To estimate costs, it is essential to explain your project, and we can provide a free quote.
Attached to every quote and invoice are the General Terms of Service and Conditions of Use and Distribution, summarizing the terms of execution, file delivery, legal reminders regarding copyright assignment, responsibilities of the photographer and distributor, reimbursement conditions, cancellation policies, payment terms, and the social and fiscal framework of photographer-authors.
Now you know everything!
For any questions or projects, let’s talk over a video call or a coffee, schedule a meeting here.
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