Page Title: Copyright : Moving the World with Images | Getty Images : Where We Stand

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Page Text: Get millions of images for free with Getty Images Embed Get millions of images for free with Getty Images Embed Our new Embed feature makes it easy to share images on social media, blogs and websites. We’re providing everyone with millions of images for noncommercial use — all for free — while continuing to protect content creators’ ability to earn through commercial licensing. Use of Embed enables you to use our images to connect and engage with your audience, creating infinite opportunities for richer visual storytelling. Discover Creative Commons Discover Creative Commons Another potential source for free images is Creative Commons, a nonprofit organization dedicated to making it easy for people to share and legally build upon the works of others. Creative Commons (CC) licenses allow content creators to determine which rights they reserve — and which rights they waive — for the benefit of others. Restrictions include whether an image can be used for personal or commercial purposes and whether or not the photographer requires attribution or credit. The CC license is generally not useful for commercial or business use and does not include legal protection, so if a dispute arises about an individual, building, trademark or artistic work in that image, the customer may be liable for that claim. To find out more, visit  Creative Commons . Make sure free images are truly free Make sure free images are truly free Looking for free images? Here are a few tips to help you stay on the right side of copyright law. The truth is, no matter where images are posted, they will most likely be subject to copyright laws. There’s a difference between an image being online and an image being “in the public domain” (work that is not protected by copyright). While free images are widely available, they typically do not include any legal protection. That means you will be responsible if a claim dispute arises, since most free images suppliers don’t include model or property releases or have inspection processes in place. Free images are typically low-resolution, so the trade-off is measured in quality. When you “right-click-and-save” a free image, the file is typically low-resolution and will pixelate if you try to enlarge or print it. What’s more, free images can be overused to the point where their impact becomes devalued through overuse in the marketplace. Licensing an image through a photo library may cost a bit, but doing so allows you to choose the best resolution for your project and use it with confidence. One reliable source for free images is  Freeimages . This Getty Images site, which upsells to iStock by Getty Images, is a place where photographers share images with others at no charge. The license terms on Freeimages are clear, and you can easily see whether model and property releases are in place should you want to use one of these images commercially. Explore image sources Explore image sources Need help finding images you can legally use? Here are some useful definitions and tips to help guide you through the process. Royalty-free images are available for nearly unlimited commercial use once an initial license fee is paid. That means you can use the image in virtually any application, in as many different projects as you like, as long as you comply with the terms of the license agreement. Following payment of the license fee, no additional royalty payments are owed, but the original license is necessary to protect yourself and clients, and to do the right thing by the photographer. Editorial images are also rights-managed images, licensed with restrictions on usage, such as limitations on size, placement, duration of use and geographic distribution. All images must be used in an “editorial” manner, meaning that it must relate to events that are newsworthy or of public interest. Forget the "right-click-and-save" strategy Forget the "right-click-and-save" strategy Just because an image is on the Internet doesn’t mean it’s free to use. Google Image Search is an unreliable way to find work that you can use. Most of the content served up by the big search engines is not licensed and is presented in its entirety, without the permission of the content creators, which we feel exceeds the bounds of fair use. In most cases, use of images taken from the Internet requires permission and the correct licenses. In addition, new technology now enables copyright owners to identify unlicensed imagery and act to protect their rights. Imagery is “fingerprinted” so that it can be tracked and found in use, even if it’s been modified, recreated or only partially used. The image is then flagged to the copyright owner so that they can check whether the correct license or permission is in place. Any image that you “right-click-and-save” belongs to someone — either the photographer or artist who made it, or a third party who owns the copyright. Copyright law gives the owner the right to control use of their image. While many copyright owners want their image to be used and seen, there are usually restrictions on how, when or where the image may be used. Unless a creator expressly gives up their rights to a work, those rights are reserved. If you use a copyrighted work without permission and it doesn’t qualify as fair use, you’ve infringed on someone’s copyright. Under the Copyright Act, copyright protection begins from the moment a photo or other image is created. No notice is required, which means that if you find an image on the Internet without a copyright notice, it doesn’t mean it’s in the public domain (work that is not protected by copyright). Due to the complexity surrounding copyrighted images, it’s wise to do some research to determine the copyright status of any work you wish to use. Glossary Appropriating work Appropriating work Appropriating work is the practice of intentionally borrowing, copying or altering existing images from another context to create new works of art. Attribution Attribution is the act of establishing a particular person as the creator of a work of art. Copyright Copyright Copyright is a form of protection provided by the laws of the United States to the creators of “original works of authorship.” By virtue of the Berne Convention for the Protection of Literary and Artistic Works, works are protected in all 160 countries that are party to the Convention. Creative Commons Creative Commons Creative Commons is a nonprofit organization dedicated to the expanding the range of creative works available for others to legally build upon and share. Offering several free copyright licenses, creators are able to determine which rights they reserve — and which rights they waive — for the benefit of recipients or other creators. Derivative work Derivative work Derivative work is a work that is based on or derived from one or more already existing works. Whenever you take an existing image and modify it to create a different image, you are making a “derivative work.” Embed Embed Embed is a Getty Images feature that makes it easy, legal and free to share images for noncommercial use on blogs, social media and websites. To protect creators’ rights, embedded images include photographer attribution and links back to us, where the image can be licensed for commercial use. Fair use Fair use Fair use is one of several legal limitations on the exclusive rights granted to copyright owners. It allows people other than the copyright holder to copy part or, in some circumstances, all of a copyrighted work, even where the copyright holder has not given permission or objects. Four factors Four factors Four factors refer to the guidelines courts use on a case-by-case basis to evaluate fair use claims: the purpose and character of the use of the copyrighted work, the nature of the original work, the amount and sustainability of the portion used in relation to the copyrighted work as a whole and the effect of the use upon the potential market for or value of the original work. License License License is the permission granted by the copyright holder to copy, distribute, display, transform and/or perform a copyrighted work. Public domain Public domain Public domain refers to works that are not restricted by copyright and do not require a license or fee to use. Works in the public domain are those whose intellectual property rights have expired, have been forfeited or are inapplicable. The duration of copyright varies for different types of work and from country to country. The following are examples of public domain in the US: All works published before 1923: and Works out of copyright or works that have fallen out of copyright for failure to register or renew under the 1909 Act or for lack of notice before 1989. Release Release Release is a written permission form an individual or property owner allowing the use of that person’s likeness or property (e.g., a private home, a place of business, a copyrighted work of art or, in some cases, an animal) in an image for commercial purposes. Property and model releases Property and model releases Property and model releases are legally binding documents that indicate that the model or property representative grants their permission to use their likeness for commercial purposes. The purpose of the release is to ensure that you have permission of the model or property owner and to protect you from and future lawsuits or claims arising from defamation and invasion of privacy disputes. Royalty-free Royalty-free Royalty-free means that, once licensed, an image may be used many times for certain uses without paying further fees — but the initial license is necessary to protect yourself and your clients. Trademark Trademark Trademark allows protection of short phrases, distinctive words, titles, slogans, symbols, logos and other devices used to distinguish products, services and images from others. Checklist Do you know where to go to ask for advice if you're unsure? For the most accurate advice, consult your legal counsel with specific questions that aren’t covered here. Does the image supplier offer free and indefinite legal protection? Does the image supplier offer free and indefinite legal protection? Knowing who bears liability and assumes the costs, should a claim arise, is key to determining what’s covered by legal protection. Find out if you’re automatically covered and whether a limit exists on any legal fees. Do people, trademarks, landmarks or artistic works appear in the image? Do people, trademarks, landmarks or artistic works appear in the image? When purchasing an image license for commercial use, it’s wise to confirm the supplier holds the appropriate model or property release to avoid legal disputes. Have you considered whether the image is rights-managed or royalty-free? Have you considered whether the image is rights-managed or royalty-free? Royalty-free licenses usually don’t expire and can be used in many ways, while rights-managed licenses have time and use-based limitations. Have you confirmed the volume of the print run? Have you confirmed the volume of the print run? How many times do you want to print or use the image? If you’re considering a rights-managed image but are unsure of the output, check whether you can extend the license or usage rights if your needs change over time. Do you know the duration of the license you need? Do you know the duration of the license you need? How long do you want to use the image? For rights-managed images, prices vary for terms lasting from one week to several years. Ensure the license expiration date covers the length of the campaign or project. Do you know the duration of the license you need? Do you know the duration of the license you need? Whether it’s for a billboard advertising campaign, brochure, website or mobile app, knowing the ultimate purpose will help you obtain the right image and the right license for your project. Are you clear on how the image will be used? Are you clear on how the image will be used? Whether it’s for a billboard advertising campaign, brochure, website or mobile app, knowing the ultimate purpose will help you obtain the right image and the right license for your project. License compliance How to resolve a settlement demand letter How to resolve a settlement demand letter If you have been identified as using one or more images represented by Getty Images for online promotion and/or editorial purposes without a valid license for the use of the image(s) in your company’s name please resolve this matter by paying your settlement fee.

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