The use of stock photography, images, and videos can serve you well, but did you know that the use of these comes with it limitations and responsibilities?*
*Disclaimer: This is not legal advice. If you have any questions as to the legality of using a specific stock resource, consult with an attorney.
Need-to-know terms
Before we get started, it is important for you to know and understand some terms that you will frequently see when perusing the Internet for stock imagery suitable for your purpose.
| Intellectual Property | Copyrighted works (e.g. photographs, images, videos, etc.) |
| Royalties | Payment to the copyright holder for continual use of their intellectual property |
| Royalty-free | Select intellectual property that can be used without having to pay royalties |
Is royalty-free stock imagery free to use without limitation?
The short answer is absolutely not. Remember, royalties pertain to continual use of the copyright holder’s intellectual property. With royalty-free stock imagery, most often you will pay one fee prior to your first use of the intellectual property, but have no obligation for ongoing payments to the copyright holder, despite your continual use of the intellectual property within terms of your license agreement. You are, however, still responsible to license the copyrighted work.
What should I know about license agreements?
When you purchase stock photography, images, or videos online, the seller will:
- Indicate the terms of the license agreement
- Provide you with their pricing structure, which is predicated upon the end product of the intellectual property
- Some will provide one set price, while others may base the pricing parameters upon the scope and scale of each piece of intellectual property
Because the pricing structure varies, it is important that you read through the terms of the license agreement prior to purchase.
Is it true that copyright releases are multi-faceted?
Yes, they most certainly are. Copyright releases come in many different forms, from people, to property, to animals, but let’s first delve into the specifications on copyright releases with human subjects.
When does a model release need to be signed?
- Individual: When a person is identifiable in imagery
- Group: If there are multiple individuals within the imagery, every model independently needs to sign a model release
- Children: If your stock imagery displays children, a minor model release form needs to be signed by the child’s parent or guardian.
What is not covered under a standard model release?
(Note: To use stock imagery in any of the proceeding “sensitive use cases,” you would need to obtain additional rights for these specific purposes, from both the model and the copyright holder.)
- Your use of the model cannot imply nor infer that the model:
- Uses, endorses, nor approves of the product or service.
- Has a specific viewpoint or stance.
- Is associated with a political party nor for candidate ads, nor any other group or organization.
- Has a certain disease or condition.
- You cannot use the imagery of the model alongside alcohol, tobacco, or firearms.
What is “editorial use only” stock imagery?
Another component of copyright releases is “editorial use only” stock imagery. These photographs, images, and video recordings are stock images that do not have a model release, and as such, can only be used if accompanying a news story in mediums such as newspapers, magazines, or blogs. This form of stock imagery cannot be used to advertise nor promote a product or service. If you are considering utilizing stock imagery containing a group of people, understand that model releases may not have been obtained. Keep in mind that you are liable for any stock imagery that you use and any subsequent charges for licensing and damages that may have resulted from improperly sold imagery. Purchase of stock imagery does not indemnify you regardless of your good intent at the time of purchase.
How do property releases work?
Let’s move on to copyright releases on property. You may be surprised to learn that recognizable and identifiable private property imagery requires for use, a copyright release from the property owner. Examples of this include:
- The Hollywood sign
- Disney’s Magic Kingdom
- Murals & Public Artwork
Intent is key here. If, for example, your use of that stock imagery was for editorial purposes, where you were writing a story on street art, the stock imagery, albeit recognizable and identifiable private property, you would probably be safe under the purview of editorial use only stock imagery. If, however, you used that same stock imagery for advertisement with potential implications, you may need to secure a property release.
Do I need to obtain a copyright release on animals?
Next, and you may find this interesting… to use stock imagery of animals, a property release needs to be obtained, from the animal’s owner. It is important to note that if you intend to use the stock image of an animal for a mascot for a brand, a standard property release would not suffice, because you would be implying a relationship between that specific animal and the brand.
Is the seller required to provide the buyer protections against claims?
Some sellers opt to provide the courtesy of guaranteeing some monetary indemnification if the stock photography, images, or videos result in a claim. With that said, there are two precautionary measures to consider. Firstly, if your use of the stock imagery falls outside of the confines of the license agreement, whether or not there were ill intentions, it would nullify the seller’s protections. Second, the damages claimed by the copyright holder as a result of the effects of the exposure and usage of that stock imagery, may exceed the protections afforded to you by the seller.
The purpose of this article is not to dissuade you from employing stock imagery, but rather, to ensure that you have an enhanced understanding of the associated limitations, so that you can make well-informed decisions as to when and where the use of stock imagery would be most suitable to fulfill your purpose.
