Many of us use images every day, whether it’s for building a website, launching a product or giving a presentation. Stock image companies like Alamy host millions of images which users can source and use. Yet social media platforms and the rise of Google Image search means that a simple copy and paste job to ‘make do’ is more common. But, how many people question whether they are legally entitled to use the image in the manner in which it’s intended? Failing to ensure that an appropriate release is in place can result in organisations of all sizes finding themselves in hot water.
In January this year, the Court of Appeal upheld a ban on Topshop selling a T-shirt featuring an image of pop-star Rhianna taken during a video shoot in 2011 and obtained without her permission. It was the first successful celebrity case of its kind and Topshop’s parent company was sued for £3.3 million.
Similarly, in 2007 a Texas family sued Australia's Virgin Mobile phone company, claiming it caused their teenage daughter grief and humiliation by plastering her photo on billboards and website advertisements without consent. In this case, the family claimed that Virgin Mobile Australia took the picture from Flickr and failed to credit the photographer.
In both instances, neither organisation had the appropriate release in place for them to be able to use the image. You probably wouldn’t expect this from a business of their size?
Wherever you source your image from, caution must be paid to how and where it is being used as a release might need to be in place before you proceed. Stock images are a great way of purchasing appropriate pictures and bringing content to life. However, the last thing you want is to be restricted as to how and where you can use the image you have sourced.
A release is a signed document which ensures that the people or property (works of art, trademarks, brands or buildings) featured in an image or clip is safe to use. While most stock image collections clearly identify where a release has been signed, further limitations may be in place so it pays to always double check.
We’ve put together some tips to help you get the best out of your stock images:
1. Do your research. You don’t want to spend money on an image to feature as part of a campaign or on a product if it has been used in a similar capacity before. Check to see where else it has been used. Google images is a good resource for this.
2. Make sure your image is relevant. You might fall in love with a picture, but always check and double check it’s relevant to your content. There’s no point in spending money on an image which you won’t be able to use.
3. Check whether you need a release, and ask if you’re not sure: It is your responsibility to make sure that the image has the necessary releases in place.
4. Ensure your chosen image(s) has the appropriate release in place: It should be clear on the site as to whether this is in place or not. If in doubt, call and ask or check with your lawyer.
Copyright and IP law is complex and you don’t want to find yourself in hot water after you’ve spent thousands of pounds on a new campaign. It’s easy to get carried away when you’ve found the perfect image but getting the basics right is important to make sure your campaign is a success!
By Helen Hicks, Head of Marketing and Customer Service, Alamy.
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