Editing Photographer (section)

== Selling photographs ==
{{further|Photography and the law}}
[[File:US Navy 040310-N-0130O-002 Photographers Mate 3rd Class Elizabeth Acosta, from Delano, Calif., documents work being done at a construction site.jpg|thumb|upright|left|A U.S. Navy photographer in March 2004.]]
The [[exclusive right]] of photographers to copy and use their products is protected by [[copyright]]. Countless industries purchase photographs for use in publications and on products. The photographs seen on magazine covers, in television advertising, on [[greeting card]]s or calendars, on websites, or on products and packages, have generally been purchased for this use, either directly from the photographer or through an [[photo agency|agency]] that represents the photographer. A photographer uses a contract to sell the "license" or use of their photograph with exact controls regarding how often the photograph will be used, in what territory it will be used (for example U.S. or U.K. or other), and exactly for which products. This is usually referred to as [[usage fee]] and is used to distinguish from production fees (payment for the actual creation of a photograph or photographs). An additional contract and royalty would apply for each additional use of the photograph.

The contract may be for only one year, or other duration.  The photographer usually charges a royalty as well as a one-time fee, depending on the terms of the contract. The contract may be for '''non-exclusive''' use of the photograph (meaning the photographer can sell the same photograph for more than one use during the same year) or for '''exclusive''' use of the photograph (i.e. only that company may use the photograph during the term). The contract can also stipulate that the photographer is entitled to audit the company for determination of royalty payments. Royalties vary depending on the industry buying the photograph and the use, for example, royalties for a photograph used on a poster or in television advertising may be higher than for use on a limited run of [[brochure]]s.  A royalty is also often based on the size at which the photo will be used in a magazine or book, and [[cover photo]]s usually command higher fees than photos used elsewhere in a book or magazine.

Photos taken by a photographer while working on assignment are often [[work for hire]] belonging to the company or publication unless stipulated otherwise by contract. Professional [[Portrait photography|portrait]] and [[wedding photographer]]s often stipulate by contract that they retain the copyright of their photos, so that only they can sell further prints of the photographs to the consumer, rather than the customer reproducing the photos by other means. If the customer wishes to be able to reproduce the photos themselves, they may discuss an alternative contract with the photographer in advance before the pictures are taken, in which a larger upfront fee may be paid in exchange for reprint rights passing to the customer.

There are major companies who have maintained catalogues of [[stock photography]] and images for decades, such as [[Getty Images]] and others. Since the turn of the 21st century many online stock photography catalogues have appeared that invite photographers to sell their photos online easily and quickly, but often for very little money, without a royalty, and without control over the use of the photo, the market it will be used in, the products it will be used on, time duration, etc. These online stock photography catalogues have drastically changed the landscape of the industry, presenting both opportunities and challenges for photographers seeking to earn a living through their craft. 
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Commercial photographers may also promote their work to advertising and editorial art buyers via printed and online marketing vehicles.