When uploading images to be licensed as stock, it’s vital to consider required permissions and when you should be adding image restrictions. You need to be asking yourself:
- Do I have permission to license this image for commercial uses?
- Do I have permission to license this image period?
A number of things can affect how you license an image and this can include any models, physical property, and intellectual property that are shown in the image.
Not for sale
There is of course a time when you shouldn’t be uploading images at all. Namely, when you don’t own the copyright.
The general rule of thumb is, if the photographer or artist died more than 70 years ago, the image or artwork is in the public domain (CC0 license). This isn’t always the case though as copyright can be passed on to family members so you need to make sure you are confident images are free from copyright before uploading.
Private property and events can also throw up issues. For example, images taken on ‘pay to enter’ National Trust properties can’t be uploaded. Museums will have their own photography policies as well with most taking a ‘no photography for commercial gain’ approach. Events such as concerts and festivals will have similar policies so make sure you know what is and isn’t allowed before uploading.
Editorial vs Commercial
Editorial typically relates to content that seeks to impart information or to communicate an opinion; it’s essentially non-fiction. This could be in the form of a newspaper article, a news bulletin, an educational book, or a documentary.
In contrast to this, commercial licences are for content that helps people monetise something. This might be in the form of advertising, or consumer goods.
If you wanted to offer your images for commercial licenses then you will need a release form for any identifiable person or property in the image. If your images are unreleased, you will need to restrict them for editorial use only.
When do I need a property release?
Property rights can be quite extensive as it refers to any recognisable intellectual property, not just physical property. This is by no means an exhaustive list, but property can include:
- Buildings
- Trademarked goods
- Logos
- Works of art
- Famous landmarks
In cityscapes however, no particular building is the focus of the image. This means you won’t need a property release to license your image for commercial use.
When do I need a model release?
Like property, you will need a model release for any identifiable person in the image. Even if the model has their back turned, or you can only see a body part, you still need a release as they could still be identified via body markings or simply by proving they were at that particular location, and at that time.
Remember, you can still license unreleased images, you just need to mark them for editorial use only.
Example of when you might need to add image restrictions
Sometimes it can be tricky to figure out if you can license your images for commercial use or whether you need to add restrictions. Below are some common examples.
Work of artÂ
Works of art includes images in a gallery, sculptures, wall art and even graffiti. First things first, images of artwork should be taken within a wider context rather than just an image of said art as this can be a breach of copyright. Artwork taken within a wider context can be uploaded but will most likely need to be restricted for editorial use only. To license images of artwork commercially the first thing you should do is check if the artist is still living. Generally, if they died more than 70 years ago, the artwork is in the public domain, and you won’t need to add restrictions.
If the artist is still living or died less than 70 years ago, you will need to get a release form signed by the artist or their estate if you want to license for commercial use.
You'll need to get clearances for the graffiti in the background, the Nike branding on the shoes as well as a model release to license this image for commercial use.
Famous landmarksÂ
A landmark might be in public space but you still need a signed release from the creator to license the image for commercial use. Similar to works of art, the rights of the creator will perpetuate for up to 70 years after death so you will need to check this.
Buildings
Some buildings and venues are owned or sponsored by private companies, so you might need permission from more than just the owner to license an image of a building for commercial use. You’ll want to find out if there’s a private owner of the building, an architect who has copyrighted the design or if it’s been privately sponsored.
Events
Events such sporting fixtures, festivals, concerts, and many others will usually have their own photographic policies, and many will not allow photography for commercial gain which means you shouldn’t be uploading the images at all. If, after checking, you are allowed to upload the images, you will need to consider releases for the event sponsors, the designers, the lights technicians, the personalities if you want to license the images for commercial use. Without these, you’ll need to restrict the images for editorial use only.
Conclusion
As you can see, it’s always good to be aware of any third-party rights in your images and to seek the necessary clearances if you want to license the images commercially. We always recommend that you seek legal advice if you’re unsure, and if you are unable to obtain a signed release for the people or property in an image you should add an ‘editorial only’ restriction in ºÚ¹Ï³ÔÁÏImage Manager.
If you need a template for model and property releases, you can download one here.