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.
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 -