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Types of Use  -  Personal Non-Commercial     Commercial     Editorial     Fair Use

Type of Rights  - 

• Ownership Rights  -  Copyright     Trademark
• "Privacy Rights" (aka Personality Rights or Right of Publicity) - Personality Rights     Property Rights

 

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Personal Non-Commercial Use of a Photograph

 

Personal non-commercial use of a photograph refers to the use of an image for private purposes that do not involve any financial gain or commercial intent. This type of use is typically associated with personal enjoyment, sharing, or documentation rather than promoting a product or service. These uses are often personal, educational, or scholarly in nature and are not primarily intended for or directed toward monetary compensation or business advantage.

Key Characteristics

• Non-Commercial Intent: The primary purpose is personal enjoyment or sharing, not to generate profit.
• Private Use: The photograph is used in a private context, such as personal albums, social media posts among friends, or personal projects.
• Limited Distribution: The use is generally limited to a small audience, often just the user and their immediate circle.

Examples of Personal Non-Commercial Use

• Personal Albums: Printing photographs for personal keepsakes or family albums.
• Social Media Sharing: Posting images on personal social media accounts without any promotional intent.
• Gifts: Giving printed photographs as gifts to friends or family.
• Art Projects: Using photographs in personal art projects or crafts that are not sold or exhibited for profit.

 

Allowed:

• Use on personal non-monetized Social Media, websites, blogs, or other media reporting on what you do.  (Educating others about you or your organization by telling or showing a story. No request for donations or support.)
• Used in academic paper, article or presentation
• Use as computer background on personal computer
• Limited printing of prints, posters, mouse pads, souvenirs or other kitsch for personal use or family gifts. (Not for sale to any party)

 

NOT Allowed:

• Use on any Social Media, website, blog, print or other media where main purpose is to sell products or services.
• Use on any Social Media, website, blog, print or other media with the purpose is to promote your organization or recruit new members or business. 
• Sale of any prints or memorabilia.
• Releasing photo to any other party to use in any manner.

 

NOTE - Registered Non-Profit Organizations

• May use my photos on Organization websites, blogs, social media, etc. under this category and/or as "Editorial Use" (see below) if no direct pitch or promotion is directly associated with photo.  (Fundraising and recruitment elsewhere on site OK, just not same page/section as photo),
• Specifically may use photos on prints, posters, plaques, coffee cups, merchandise and other kitsch for member awards, souvenirs and gifts. 
• Sale of items with photos printed on them will probably be allowed but requires a separate licensing agreement.
• Use for recruiting purposes will be allowed but will require separate licensing agreement.

 

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Commercial Use of a Photograph - (Applies to use of photo, not type of organization)

Still applies to Academic, Charity, Influencers, Non-Profits, Religious, Government, et al . . . .

 

Commercial use of a photograph typically involves a financial transaction or aims to generate revenue or business advantage directly or indirectly. This includes any reproduction or application of an image that is intended for advertising, marketing, or promotional purposes. This may include recruiting, promoting and/or fundraising for Non-Profits.

 

Direct Commercial Use

Direct commercial use involves scenarios where the photograph is used explicitly to generate income. This includes:

• Advertising: Using the photograph in ads for products or services.
• Merchandising: Selling products that feature the photograph, such as prints, calendars, or apparel.
• Publications: Including the photograph in magazines or brochures that are sold for profit.

Indirect Commercial Use

Indirect commercial use refers to situations where the photograph supports a business's commercial activities without directly generating revenue. Examples include:

• Content Marketing: Using photographs in blog posts or articles that promote a brand or product indirectly.
• Social Media: Sharing photographs on social media platforms to enhance brand visibility, even if the post itself does not sell anything directly.
• Promotional (Infomercial) Use: Featuring photographs in articles that discuss a product or service, which may lead to increased sales but does not directly sell the image.

 

NOTE - Registered Non-Profit Organizations

• Specifically may use photos on prints, posters, plaques, coffee cups, merchandise and other kitsch for member awards, souvenirs and gifts. 
  • Sale of items with photos printed on them will probably be allowed but requires a separate licensing agreement.
  • Use for recruiting purposes will be allowed but require separate licensing agreement.

 

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Editorial Use of a Photograph

 

Editorial use of a photograph refers to the use of an image in a context that informs, educates, or provides commentary, rather than promoting a product or service for commercial gain. This type of use is typically associated with journalism, publishing, and other forms of media that aim to convey information or opinions.

Key Characteristics

• Informative Purpose: The primary intent is to inform or educate the audience rather than to sell or promote.
• Contextual Relevance: The photograph is used in a way that is relevant to the accompanying text or content, such as news articles, blogs, or documentaries.
• Non-Commercial Intent: While editorial use can be part of a commercial publication, the use of the photograph itself is not intended to generate profit directly from the image.

Examples of Editorial Use

• News Articles: Using photographs in newspapers or online news platforms to illustrate a story or report on an event.
• Magazines: Featuring images in editorial pieces that discuss current events, culture, or social issues.
• Documentaries: Incorporating photographs in documentary films to provide context or visual evidence related to the subject matter.
• Blogs and Online Content: Using images in blog posts that analyze or comment on specific topics, such as politics, art, or history.

Legal Considerations

When using photographs for editorial purposes, several legal aspects should be considered:

• Copyright Ownership: The original photographer retains copyright, and users must ensure they have the right to use the image for editorial purposes.
• Licensing Agreements: Many photographs are licensed specifically for editorial use, and it’s crucial to adhere to the terms outlined in these agreements.
• Fair Use Doctrine: In some jurisdictions, editorial use may qualify as fair use, especially if the use is transformative or adds new meaning. However, this can vary based on specific circumstances and local laws.

 

 

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Fair Use of a Photograph (or any copyrighted item)

This is a common cause of Copyright Infringement lawsuits and other legal issues and can be a very sticky wicket with large financial penalties.  It is fraught with nuances, technicalities and overlapping issues that can trip you up very quickly. Better off to play it safe and not use this concept, or consult a Lawyer beforehand.

There is a clearly defined legal CONCEPT of Fair Use defined in Copyright law, however there is no formal DEFINITION of what actually constitutes Fair Use.  Guidelines are provided in Copyright law but they are highly prone to the opinion of the individual judge hearing the case.  In fact separate Federal Courts (US 9th Circuit court and US 2nd Circuit court) have two opposite opinions and case precedent on the exact same issue!

Also Fair Use only applies to Copyright concerns (photographer ownership rights) it does not eliminate Personality Rights (people in the photos privacy rights) concerns. Therefore it is highly recommend consult with at least the photographer or better yet a Lawyer before using photo.

Example - Educational use only applies to non-profit educational use. Yes you may make multiple copies of a photograph (or limited excerpt from printed item) during “face-to-face teaching activities” use in classroom, BUT you may not let anyone take the items out of the classroom!

 

Following two examples are directly from US Copyright website

Copyright Law of the United States (Title 17)

 

Can a school show a movie without obtaining permission from the copyright owner?

If the movie is for entertainment purposes, you need to get a clearance or license for its performance.

It is not necessary to obtain permission if you show the movie in the course of “face-to-face teaching activities” in a nonprofit educational institution, in a classroom or similar place devoted to instruction, if the copy of the movie being performed is a lawful copy. 17 U.S.C. § 110(1). This exemption encompasses instructional activities relating to a wide variety of subjects, but it does not include performances for recreation or entertainment purposes, even if there is cultural value or intellectual appeal.

Questions regarding this provision of the copyright law should be made to the legal counsel of the school or school system.

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Personality rights

From Wikipedia, the free encyclopedia - https://en.wikipedia.org/wiki/Personality_rights

Personality rights, sometimes referred to as the right of publicity, are rights for an individual to control the commercial use of their identity, such as name, image, likeness, or other unequivocal identifiers. They are generally considered as property rights, rather than personal rights, and so the validity of personality rights of publicity may survive the death of the individual to varying degrees, depending on the jurisdiction.

Personality rights are generally considered to consist of two types of rights: the right of publicity,^[1] or the right to keep one's image and likeness from being commercially exploited without permission or contractual compensation, which is similar (but not identical) to the use of a trademark; and the right to privacy, or the right to be left alone and not have one's personality represented publicly without permission. In common law jurisdictions, publicity rights fall into the realm of the tort of passing off.

 

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Personality rights in photography refer to an individual's legal right to control the commercial use of their image, likeness, or other identifiers. These rights protect individuals from unauthorized exploitation of their persona in photographs, ensuring that consent is obtained before their image is used for commercial purposes.

 

 

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https://www.ajs.org/the-legal-landscape-of-image-usage/

https://legal-resources.uslegalforms.com/p/photographs-and-photography

https://petapixel.com/photographers-rights/

 

 

 

 

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