Understanding Legal Use Of Royalty-Free Stock Photos For Promotional Activities

The use of stock photography is a common practice for businesses and individuals looking to enhance digital and print media. However, the legal framework surrounding these images is complex and requires careful navigation to avoid copyright infringement. Stock photos are copyrighted assets, meaning the creator retains exclusive rights to their use and distribution. To utilize these images legally, one must secure the proper permissions through specific licensing agreements. The two primary types of licenses governing stock photography are Royalty-Free (RF) and Rights-Managed (RM).

A Royalty-Free license allows a user to pay a single fee to use an image multiple times for various projects without incurring additional costs for each use. It is important to clarify that "royalty-free" does not mean the image is free of charge; rather, it indicates that no ongoing royalties are owed to the creator for repeated use. These licenses are typically perpetual, meaning the right to use the image does not expire, though they often come with restrictions, such as a cap on the number of reproductions.

In contrast, a Rights-Managed license is more restrictive and specific. It grants permission for a single, defined use, with terms detailing the medium, geographic territory, and exact duration of the use. An RM license may provide greater control and sometimes exclusivity, preventing others from using the image in a similar way during the license term. However, it requires careful management to avoid violating its narrow terms.

Beyond the type of license, the intended purpose of the photo's use is a critical legal distinction. Commercial use involves leveraging an image to advertise, market, or promote a product, service, or brand with the intent of generating revenue. This includes use in ad campaigns, on product packaging, or on a company website's homepage. Using an image for commercial purposes often requires that the photographer obtained specific legal releases, such as model or property releases. Editorial use, on the other hand, serves to illustrate articles, news reports, or educational content on matters of public interest.

When considering the use of free stock photos for business purposes, several questions and precautions are necessary. Just because a stock photo is available for free does not automatically grant permission for use in advertising, marketing materials, presentations, or anything else intended to generate revenue. Unless a website explicitly states otherwise, it is safest to assume that any free stock content found online is not licensed for commercial use. If planning to use a piece of stock media for any business purpose, it is essential to ensure that the original copyright holder (or an authorized distributor) has granted the appropriate commercial license. Some sites do a good job identifying free stock photos for commercial use, while others do not.

If a free piece of stock content is licensed for commercial use and the appropriate model and property releases are signed, the user should be legally protected. However, it is noted that most free stock media services will not assist if a legal claim arises. The responsibility for using stock content lies with the publisher, regardless of whether they were aware of the infringement. This means the publisher would be responsible for financial damages if a claim is made. Generally, the larger the business, the larger the potential claims.

In contrast, most stock media services where users pay to license content offer a level of indemnity to their customers in the event of a legal challenge. For example, some providers offer a Business License that includes significant legal indemnification. With a Business License, assets are licensed to the business rather than an individual, ensuring that content downloaded by any member of the organization is covered. These licenses often clearly mark content as released for commercial use and provide access to a professional team of content licensing specialists. Some providers offer unlimited downloads from their audio, video, and image libraries for a flat annual price, along with high levels of indemnification coverage.

Proper attribution is another requirement to consider. Some licenses, such as Creative Commons (CC) licenses, require providing credit to the creator. This typically involves including the creator's name, the image title, the source URL, and the license type, often in image captions or footer credits. Additionally, users must respect derivative work restrictions, particularly "No Derivatives" (ND) licenses, which prohibit modifications such as cropping, adjusting color, or incorporating images into larger designs unless explicitly permitted.

To avoid copyright infringement claims when using stock photos, the best practice is to license content from a reputable source. Avoiding shortcuts on permissions and licensing is crucial, as getting caught can result in liability for tens of thousands of dollars in damages. Understanding the definitions of commercial use is vital, as they can vary. When in doubt, contacting the creator directly for clarification about the intended use is recommended, as some creators interpret "commercial use" more broadly than others. Documentation of due diligence, such as saving proof of licensing and attribution, can help if questions arise later.

For businesses, investing in a proper license, such as a Storyblocks Business License, is often the best deal. Both Individual and Business license options are royalty-free and offer unlimited distribution for print, digital, and productions. The Individual license provides a certain level of legal indemnification, while the Business License offers significantly higher coverage, often up to $1 million, and licenses assets to the business entity itself. This provides protection against unwanted legal fees and costly copyright infringement claims. Storyblocks, for instance, handles the complexities of licensing and ensures assets are clearly marked as released for commercial use, providing peace of mind for businesses using stock content in their promotional activities.

Conclusion

Navigating the use of stock photos for promotional activities requires a clear understanding of licensing types, intended use definitions, and the responsibilities of the user. While free stock photos are available, they often come with risks regarding commercial use and lack the legal protection offered by paid services. To ensure compliance and protect against copyright infringement claims, it is essential to verify the license terms, secure necessary releases, and consider reputable sources that offer indemnification and clear commercial usage rights. Proper diligence and appropriate licensing are the best safeguards for businesses utilizing stock photography.

Sources

1. How to Use Stock Photos Legally to Avoid Copyright Issues
2. How to Find Free Images for Commercial Use Legally
3. Legally Use Stock Photos for Business