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Rules for editing editorial images

When using editorial images (RM, Rights Managed) there are some regulations as to how much image editing is allowed.

The main rule is:

You should not change the main theme or content of the image in such a way that the message displayed in the image in any way gets distorted.This includes cropping and montages.

Yes, it happens all the time – but that does not make it any less questionable . You could get sued, and we don’t want that to happen, do we? ;)

Often you need to give an editorial image a bit of retouching, a better cropping and perhaps some color adjustments. Minor adjustments like these are allowed! At Professor Hany Farid interesting home page you can see examples of unlawful image tampering, ranging from Abraham Lincoln, to Britney Spears and Sarah Palin. Some of the images at the site are funny, some are questionable and some are asking for a lawsuit.

And remember – editorial images mean editorial usage only, no commercial use! Editorial rights are licensed on a use-by-use basis. Use in an editorial manner means use relating to events that are newsworthy or of public interest and usually distributed through a legitimate mass media, presumably unbiased, which reaches an anonymous audience. For commercial use YAY offer Creative images with RF-license. This RF-license grants you permission to edit the image as much as you want, in any way you want. If you are unsure about editing or usage, feel free to e-mail us for (a free) advice!

Linda :)

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What's legitimate use of editorial images?

It can be difficult for image users to know when they can use different types of images, and it is not uncommon to see wrong use of editorial images. This can be a problem both for editorial users as well as commercial users. There have been several examples where celebrities have unlawfully been used in commercials. If this kind of unauthorized image use is discovered, it can be quite costly for the person who published the image. Earlier this year Carla Bruni, the wife of the french president Nicolas Sarkozy, won a lawsuit over Ryanair when her image appeared unauthorized in an ad. Ryanair was fined €60.000 for the image (see BBC article), though it is quite possible Ryanair were fully aware of the risks when using the image.bottom.jpg

As a rule of thumb images marked “editorial” should only be used in connection with an editorial article. Images marked “creative” may be used both editorially and commercially. The article (or text) has to have a relevance to the image used. You can’t use an image of a celebrity to illustrate the article “Ten steps to get the man of your dreams”. You also can’t use an editorial image commercially, that is f.ex use an image of a famous couple and connect it to the online dating-service you run. What you can do, however, is to use the image in connection with the article “Love is blooming in Hollywood”.

All images at YAY are clearly marked either “creative” or “editorial” which makes it easy for you to choose the right type of image. All creative images have been approved by the person depicted.

If you still are in doubt: Ask us or use a creative image.

- Jan -

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