Primer on Copyrights—Stock Photography

NEW YORK, NY, USA - Not long ago, WTCA launched its Platform at wtca.org, allowing Members to share key information and images about their WTC activities with the WTC network and the general public in a user-friendly and uniform format.

Many of you have done so – sharing your WTC news and event information as well as photos of your facilities and cities. Your enthusiasm is inspiring. However . . .

We would like to take this opportunity to remind Members of copyright limitations on the use of images and other creative works, such as news articles, photographs, and music.

Copyright laws vary from country to country, but the basic principle is the same all over the world: copyright owners have the exclusive right to control their own original creative works. And those works – whether articles, photos, images or the like – cannot be used without permission.

Let’s consider photographs. The photographer is the original owner of the copyright in the image. If the image includes a famous building or landmark, permission of the building’s owner may also be required. In addition, any individuals clearly portrayed in an image used for a commercial purpose must give their consent prior to use.

Thus, any use of an image requires at least the permission of the photographer, usually through a license where the user pays a fee for usage rights. These rights can be very specific, e.g. “Use for the internet only up to 5,000 views per month.” Or, the photographer can transfer all of the rights, as is usually the case with “stock photography.”

Stock photography is a low-cost alternative to creating a new work, so many companies use stock photography on websites and in brochures. Stock photography is either “royalty-free” or “rights managed.”

Royalty-free does not necessarily mean free, however. A typical license for a “royalty-free” image will have very few restrictions on its use once the licensing fee is paid. On the other hand, “rights managed” photography is much more restricted, with limitations on the number of uses, geographic region, form of media, image resolution and so on.

The important point to remember is that all images published on the Internet are subject to some form of licensing arrangement.

Stock photography agencies own hundreds of thousands of stock photographs, and use technology to detect unlicensed uses of their images on the Internet. Use of photography without the appropriate license exposes the user to a copyright infringement claim and potential legal action. Use of other creative works such as news articles and music without a license may also constitute copyright infringement.

To summarize:

• Before publishing a photograph online (wtca.org, Facebook, Twitter) or in print (brochure, magazine) be sure you have acquired the appropriate rights from the copyright holder. This also applies to other creative works such as news articles and music.
• Be aware of people, famous landmarks and other protectable elements visible in a photograph and secure all necessary permissions before publishing.
• We recommend sourcing images from a reputable stock photography agency that provides legal protection in the event of a copyright dispute.

The material contained in this article is for general informational purposes only and does not constitute the rendering of legal advice or create an attorney-client relationship. For legal or other professional advice, please consult with appropriate legal counsel.