Graphics Programs Reference
In-Depth Information
There is no way to categorically determine whether a copyrighted image can
safely be used without hiring a lawyer because fair use is decided on a case-by-
case basis, taking all the circumstances into consideration. However, here are a
few general guidelines:
If it is possible to shoot a similar image, then fair use doesn't apply.
For example, if you find a beautiful copyrighted picture of a subject
you discuss in some cultural context but anyone with a camera could
go and photograph that same subject, then fair use might not apply. If
on the other hand the copyrighted photo is of something that doesn't
exist in the present but did in the past or is planned to exist in the
future, then fair use might apply.
You must demonstrate that your use of a copyrighted image either
advances knowledge or the progress of the arts through the addition
of something new and transformative rather than being merely a
derivative work.
Use the entire copyrighted image to avoid tarnishing or misrepre-
senting it.
Display copyrighted images for online use in a size and resolution
sufficient to maintain the quality intended by the company or orga-
nization without it being unnecessarily high resolution.
Common misunderstandings about fair use and fair dealing include (but are not
limited to) thinking that any use is fair use, noncommercial use is inevitably fair,
strict adherence to fair use protects you from being sued, and using copyrighted
images in free events or educational institutions is automatically acceptable.
Using stock content
Using stock images is a way to avoid entering into legal
gray areas, but this privilege comes at a price. High-quality professional stock
photography has been around for many decades but has traditionally been
rather expensive. Corbis and Getty Images are the two largest traditional stock
photography agencies by revenue. Both offer complex “rights-managed” licenses
where price is based on how an image is to be used.
Microstock photography agencies have sprung up and surged in popularity
within the last 10 years. Microstock companies “crowdsource” their images,
using the Internet exclusively, and sell royalty-free content usage licenses at
very low rates (some for less than $1). Shutterstock uses a subscription model
and Fotolia employs a credit-based model, while iStockphoto (owned by Getty
Images) uses both. Microstock agencies not only license photographs but also
make available illustrations, audio, video, and animations.
Selling your
best images at a
microstock agency
is a business
opportunity worth
contemplating.
