ARTISTIC LICENSE
Are your images above the law?

In the age of digital photography and social media, imagery available to us online is greater than ever. With one click, an image can be downloaded in less than a second to be used as part of a presentation, website or design. These images all help to increase the impact of the design, but can you lawfully use them without permission. This blog gives a brief overview of image rights and how to go about using imagery in your own work.

Who owns the copyright for an image?

Under the Copyright, Designs and Patents Act 1988, the copyright of original artistic works, such as photographs and illustrations, is protected by law. This means that a user will usually need the permission of the copyright owner(s) if they want to use that image or share it on the internet.

Some images which appear on the internet are controlled by picture libraries such as Adobe Stock or Getty Images, who either own the copyright or have the copyright owners’ permission to license the right to use the images. These images will have strict definitions on how and where they can be used which has a direct relation to the cost of this license. For example, an image that is used for an internal presentation will be much cheaper than an image which will be used on the internet and has the potential to be viewed by an audience of millions.

How long does copyright in images or photos last?

In the UK, copyright of an image lasts for the life of the creator plus 70 years from the end of the calendar year of their death. This means that images less than 70 years old are still in copyright, and older ones may well be, depending on when their creator died.

Is permission always required to copy or use an image?

Sometimes permission is not required from the copyright holder to use an image, such as if the copyright has expired. In certain circumstances, you can use copyrighted works without permission of the copyright owner, such as for private study or non-commercial research, although there will always be exceptions to this rule for certain photographs. Generally, permission will need to be obtained from the copyright owner(s). The creator of a copyrighted image will also have the right to be acknowledged when their work is used.

In conclusion

As a rule of thumb, all imagery that appears on the internet will be subject to copyright, whether it is being used with permissions in place or not. Therefore, the use of licensed images is much safer than using unlicensed imagery which offers no protection against infringement. Remember, deliberate infringement of copyright may lead to a criminal prosecution, which can result in the user of the unlicensed image having to pay the copyright owner or image library costs to use the photo, as well as legal costs and compensation. Therefore, always use a licensed image with full usage rights. Failure to do so could have expensive consequences.

Please note that the views, thoughts, and opinions expressed in this article belong solely to the author, and not necessarily to any other group or individual. To ensure you are fully compliant with all current legislation, please take legal/professional advice and do not rely solely on the information provided in these articles.