Can I use this picture? What are the rules on copyright? 8 Essential Answers
Public Impact Creative Director Jane Coney has been responsible for clearing many thousands of images for use by major publishers such as Macmillan, Dorling Kindersley and BBC Worldwide. Here she sets out the basics that you should know about using images in you printed and digital communications.
There are all sorts of pitfalls for the unaware in choosing photos and images for use in newsletters and campaign leaflets. Copyright, permissions and personal consent are all elephant traps that can cause unnecessary problems. The availability of images from the web has made it easy to capture images and easier than ever to sleepwalk into problems that your opponents can use to damage your campaign. It's your responsibility to ensure that you have the right to use the images in your leaflets and if you follow the steps set out in this article you should avoid being caught out.
Who Owns Copyright?
Normally the rights to a photograph belong to the photographer (or to their employer). Photographers sell on or grant image rights to photo libraries and usage rights to media organisations, agencies and businesses. Rights can be sold outright, for a limited duration or specific uses. It doesn't matter who commissions or sets the shot up - the rights still belong to the photographer. These days a lot of photographers don't bother, but it is still wise to get an acknowledgement - an email will do - that you can use the shots as you intend.
Does it Matter Where the Picture Is Taken?
Yes - and it can be complicated. The basic rule is that photographs taken in the public realm are owned by the photographer and need no permission. An image taken on privately owned land (which would include property owned publicly such as schools, hospitals and places with free public access such as shopping malls and railway platforms) requires the permission of the landowner - this is normally called a building permission/release. However common sense can be applied here – a head and shoulders portrait that is taken against a plain background will be OK - as the building cannot be identified it isn’t an issue. Also, where a location is hired for an event the building permission will become a matter for the hirer rather than the building owner – but it is always worth checking (not least so you can control the images at your own events).
Does it matter what is in the picture?
A picture that is taken in or from the public realm is generally free of restrictions - so items that may be subject to copyright, for example a company logo on a building, can be in the picture and legitimately used. So for example there is no problem with a photo call outside, for example, an energy company premises, so long as both the photographer AND the people in the photograph remain on the public highway. Beware of car parks and forecourts.
Does it matter who is in the picture?
Again, the rights to a picture taken in the public realm belong to the photographer. Strictly speaking there is no need to gain the permission of anyone who happens to be in the picture. However it is wise to get the permission (a release) from everyone involved, particularly if it is election time. This way we avoid arguments. However if you want to print a photograph of an opposition candidate or councillor and you have the rights to the image there is nothing they can do to stop you (unless your words are libellous, of course). When a picture is taken in a building you may need both a building permission and personal releases from those in the image. When the photo is being used for the promotion of a commercial product or company then personal releases are essential.
Can we include children in our pictures?
Yes we can and they CAN be identifiable, but parental permission should always be obtained – and it should be in writing.
Can we use pictures from Newspapers
Photos from newspapers are often the best ones to use because they are normally professional, well compose and lit - which means they look better when printed. It may seem obvious, but photos from local newspapers require the formal permission of the newspaper - and just because you are in the photo it doesn't mean you can use it. Whether or not a newspaper will grant permission will depend on their corporate policy and on the attitude of the local editor (which could well be pathetic and spineless but there is just no point in alienating them - particularly when they have the law on their side). If you do get permission, which may include paying a fee, you may be required to give the paper or the photographer a credit alongside the image - it doesn't need to be large, but don't forget or it could come back to bite you.
Can we use images from the Internet
Grabbing images from the internet is easy. it is also an easy way to get into hot water over the rights. We are not just talking about photographs here. Charts, drawings and logos all carry creative or commercial rights and it is an infringement of copyright to use those images without permission (in print OR on the web). This, again, applies to all kinds of images including portraits and, again, it doesn’t matter who is in the photograph. So just because the picture is of Ed Miliband it's not OK just to use it in a Labour leaflet because he happens to be Labour leader – you may find the image belongs to a national newspaper or one of their photographers, which wouldn’t be good. You should also be aware that things are changing. Social networks through their terms and conditions may lay claim to image rights – very little of this has yet been tested in Court.
What’s the worst that could happen?
There is always a great difference between theory and practice and copyright law is civil rather than criminal. In practice you could grab an image, use it without permission and get away with it. You could find that the local newspaper lets you off with a private apology or you could end up with a substantial bill that you have no choice but to pay. The worst case is you may end up with a bad story in the media that damages you campaign and takes up a lot of valuable time.
So to sum up:
Know the basic rules
Don’t use images when you don’t know their origin
Get permissions in writing
Brief your people on from where they can and can’t take pictures
If in doubt, get advice.
Follow those rules and you should be alright. Of course there are still questions of the usability of the image, its appropriateness to your message, what’s a legitimate use of Photoshop (other manipulation tools are available) and what makes a good picture – but they are several different blogs!
If in any doubt call and ask us - we will advise!