Understanding Usage Rights and Avoiding Copyright Issues
In today’s digital world, images are everywhere, from social media posts to marketing materials. But before you can repurpose and use an image you find online, you need to understand the concept of image licensing and how to obtain a licensing agreement. Simply put, image licensing refers to the legal agreement that outlines the permissions granted for using a specific image based on the owner’s protection.
If you’re an enterprise brand, small business, photography business, or everyday consumer, read on to make sure you understand licensing and remain protected.
Why is Image Licensing Important?
Every image, whether a photograph, illustration, or graphic, is protected by copyright law. This means the copyright holder has exclusive rights to control how the image is used. Using an image without proper licensing can be considered copyright infringement, which can lead to legal action and hefty fines. While punishment can be for personal use, it is especially important for brands to consider.
Types of Image Licenses:
There are various types of image licensing agreements, each offering different usage rights to the licensee (the person using the image). Here are the two of the most common ones:
Royalty-Free License: This is a popular option for individuals and businesses. It allows for unlimited use of the image within the specified license terms, usually for a one-time fee. However, royalty-free image licenses often restrict commercial use and may require attribution (crediting the copyright owner).
Rights-Managed License: This offers more controlled usage at a higher licensing fee. The license specifies the type of use (e.g., editorial, commercial), time frame, distribution channels (e.g., print, online), and the geographic location where the image can be used.
Additional Considerations:
If you’re looking for alternative ways to safely use public content, you can explore other options. The term “public domain” refers to digital materials that do not have copyright protection. Therefore, the public owns these materials and they do not have copyright, trademark, or patent laws – such as stock images. Anyone can use them, but you cannot own them.
Creative Commons Licenses: These free licenses allow for the use of an image with specific conditions, often requiring attribution and non-commercial use.
Stock Photos: Websites like Shutterstock offer royalty-free and rights-managed licenses for a wide variety of images, making it easier to find images with specific usage rights.
Sublicensing: A sublicense is when a licensee grants some access, rights, or privileges to a third party, which can streamline content management and distribution.
Choosing the Right Image Licensing Agreement:
The right image license depends on your brand’s specific needs. Consider factors like:
- Type of image: Is it a photo, illustration, or graphic?
- Type of usage: Personal, editorial, or commercial?
- Type of license: The above will determine the right photo licensing agreement for you.
- Distribution channels: Where will you use the image (e.g., website, social media, print)?
- Budget: Are you willing to pay a one-time fee or ongoing royalties?
Managing Your Image Licenses
As enterprises grow, it’s important to have the proper tools and processes in place to allow for scale. Many brands – especially those in the photography industry – have different photos, different partners and customers, and need to distribute content to different channels and stakeholders. It can be challenging for a team to manage.
You want to ensure you protect your intellectual property at every cornerstone, and a digital asset management platform (DAM) can help. It helps you manage different licenses and even to create templates for various photo licensing agreements for easy distribution with new partners.
Key Takeaways:
Always understand the license terms before using an image – whether for personal, enterprise, or commercial purposes.
Determine the specific purpose for wanting to use an image.
Don’t assume that images online are free to use – they’re not.
If unsure, seek legal advice or consult a professional photographer or stock agencies.
By understanding image licensing and choosing the appropriate license, you can avoid legal troubles and ensure ethical use of your images in your projects. Remember, protecting intellectual property is crucial for both creators and users of images.
Ready to protect your assets with image licensing? Get started today with PhotoShelter.