Question

Information on image rights on the Internet

Answer 1

What do intellectual property rights protect?
When are image rights infringed?
Infringement of image rights and consequences
Use of foreign graphic material
Use of own images
Orders to third parties
Conclusion: is my page regulated by image rights?
Photography agencies
Creative Commons
Images of buildings and public places
Photographs of protected works
Photographs of people
Product images

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Information on image rights on the Internet

The web pages are completed with images and graphic works. It is through them that the texts are visually convincing and awaken the interest of readers before they have even read the first paragraph. However, web administrators have to take into account certain principles regarding their use, since the use of images on the Internet is governed by intellectual property rights..

What do intellectual property rights protect?

Authorship of artistic and scientific works is protected by the Intellectual Property Law. By "works", we understand both literary and musical works "without forgetting plastic or film works and, of course, photographs . For a photo to be classified as a work in the context of the Intellectual Property Law, it has to be a? Personal and intellectual creation ?. This concerns the majority of photos in which the author, by selecting the location where they are taken, the framing, the staging or through the aperture options, intends to carry out any form of artistic creation. (In legal terms we will speak, in this regard, of photographic works ). Only snapshots such as passport photos or technical photos taken in accordance with strictly regulated standards are excluded from intellectual property rights (in legal terms, we will speak of photographs in this regard ).

In accordance with the above provisions, a photographer becomes the creator of the work and, as such, the author of it. Deciding the context in which the work will be used will only depend on said photographer (that is, he will be in charge of transferring said right). The author of a work is always the one who has made it and not the one who has had the idea for it.

When are image rights infringed?

To include images of a photographer on a web page, it is necessary to have their consent. If you do not have the rights to them, there is a violation of the Intellectual Property Law. Said infringement is not applicable to the publication of images on commercial web pages, such as those of some companies, but rather generally refers to the action of posting said images on freely accessible pages . Likewise, its use in social networks must be authorized by the author, as opposed to when it is used privately, such as if the image is published in a closed Facebook group or in a private and password-protected blog..

Infringement of image rights and consequences

The fact that the majority of images on the Internet (also videos, graphic works, etc.) are freely accessible, suggests that many users may misuse them for their own benefit. Detecting such copyright infringements in images from the Internet has, however, become a daunting task. Large companies, brands or agencies deliberately search the Internet in an attempt to detect the illegitimate use of their works, it is even possible that photographers hire people who are in charge of monitoring them. The rules established with respect to images with copyright are very simple, that is, without the authorization of the author, the dissemination of the image is not allowed, for example, through integration into the company's own website. Anyone who does not comply with this maxim will face warnings and fines and, in the worst case, lawsuits.

Use of foreign graphic material

The author of a work has to grant the rights to use it so that it can be used, that is, they have to authorize the use of said image for the user's own benefit. However, it is not clear who owns the image and how the author can be contacted. Web administrators can have two solutions to solve this problem. On the one hand, they can turn to photographic agencies and, on the other, to images with a Creative Commons license on portals such as Flickr..

Photography agencies

Photo agencies represent photographers in the marketing of copyright to images. They act as mediators between buyers and authors, and defend the use of their works. If the amount is not very significant, companies, bloggers, organizations and other Internet users can buy the images and use them publicly - 15 or 45% of the price goes to cover the fees and the artists. On websites such as Fotolia or Shutterstock you can access numerous photos classified by subject and whose license can be purchased. In this regard, it is possible to differentiate between:

• Photographic material subject to license: in this case, usage fees are charged according to the nature and quantity of the publications. 

• Photographic material not subject to license: through the single payment of the license fee, the buyer can use the images without a time limit.

Regarding the use of agency images, it is necessary to comply with the conditions of the contract with the utmost accuracy. The incorrect or incomplete mention of the author also constitutes a crime that is against the law and can be punished.

The rules depend on the photography agency and, while for some it is enough to mention it in the Legal Notice, for others, both the author and the agency must be cited in the Alt Text label, in the title of the image and / or or in the caption.

Creative Commons

Creative Commons (CC) is a non-profit organization created in the United States that offers various standard licenses to preserve intellectual property rights. With them, authors can make their works available to the public and establish the desired framework of use for them. This not only applies to photographs, but also to texts, musical pieces or videos and the use of them under Creative Commons licenses is partially or totally free. Some authors prohibit third parties from editing their works for commercial use and their use is often only allowed when the author and / or the license is mentioned. Today there are web pages, such as Flickr, that allow you to search for photos that really meet the needs of its users and also that are used for commercial purposes on the web pages of companies.

Use of own images

To avoid the payment of license fees and preserve the independence of agencies and third parties, you can take the photos yourself that will be hosted on the private website. However, being the author of a photo does not always imply that you have the rights to it. There may be some kind of restrictions regarding the choice of motif , for example in the event that you want to reproduce the work of a third party (architect, artist, etc.).

Here are the most important factors for photographers to consider:

Images of buildings and public places

Photographs of streets, buildings and monuments are governed by freedom of panorama , a provision that is applied in many countries of the European Union. In this regard, photos can be disseminated and used for commercial purposes when objects in a public place or on a street are in view, but this changes when talking about private land, where there may be some kind of restriction due to part of the owners and the freedom of panorama does not apply, but the corresponding owner rights .

Photographs of protected works

As mentioned above, intellectual property rights protect all works of art, which can include paintings and installations, but also designer bags or furniture. In this sense, it is important to differentiate whether these works are the main motif or whether they are incorporated into the photography as irrelevant accessories . In that case, the photographer will not infringe the copyright of the same.

Photographs of people

In principle, the people who take the photos are the owners of them, but these cannot be disseminated or published without the consent of whoever appears in them (image rights). In the professional field, the models receive remuneration for the photos taken and, therefore, give up these rights. Both the consent and the agreement on the purpose of use must be formalized in writing.

However, when it comes to this type of photos there are certain exceptions. It is not necessary that the people who appear in them give their explicit consent if:

• They are mere extras in the same
• The photo shows a group of people and there are none that appear in the foreground
• The photo is a significant testimony to a series of important events in contemporary history or portrays important people in contemporary history (politicians, actors, athletes)
• The photo offers information of public interest
• Has a high artistic interest

The children 's photos are a separate case. In general, photos of minors are allowed when there is consent from the people in them. However, to publish or disseminate them, the authorization of the holders of parental authority is required.

Product images

Online stores that sell products do not usually work without photographs of them. Thus, the regulations according to which photos of the products distributed by the stores themselves can be made and published without the explicit request of the producers' permission is applicable. Therefore, the resulting photographs are constituted as protected works . Photographers, or rather store managers, are the owners of their image rights. Product photographs from third parties are also subject to intellectual property rights and can only be published if you have permission to do so. If it is the same manufacturer that makes the photos of the products available, the conditions of use of the same must be reflected in writing in the contract.

Orders to third parties

If a web page is designed by a third party, eg. ex. By a web designer or by an agency, the contract must expressly state in writing that this page can only host authorized photos with clear image rights. This is an important contractual protection condition , since, as the administrator of a web page, one has to take care of all its content and the violations of intellectual property rights that may arise from them. The lawsuits and compensation for damages do not correspond to the web designer, but to the administrator of the web page, who must choose the safest option.

Conclusion: is my page regulated by image rights?

In the area of ​​copyright on images on the Internet, it is advisable to respect the rules of the game. It is essential in this regard to have clear documentation and to apply the license agreements exactly. Those who work with professional agencies should abide by their provisions and, on the other hand, should stay away from non-serious sources. It is also advisable not to use images by unknown authors and in the case of self-made photos, we must also take into account the regulations in force. The administrators of web pages do not usually abuse the use of images subject to the intellectual property rights of the authors themselves when they violate personal and domestic rights. Anyone who does not act prudently in this matter will have to face consequences such as legal warnings and lawsuits for damages. In these cases, it is advisable to seek professional legal assistance and seek out the rights holders in order to avoid legal disputes.

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