Mind the gap between PR and law—The basics of copyright in the world of comms
Photo by Tingey Injury Law Firm on Unsplash
Let it be on websites or social media, images, videos, copy, and graphics are essential design and content elements. When it comes to the usage rights of photos, videos and graphics, the legal stumbling blocks are as diverse as the array of different resources from different websites. A basic knowledge of copyright and the right to use images, copyright is essential in every industry, but especially when it comes to working in comms.
The difference between copyright and “Urheberrecht” (authors’ rights)
There are two legal terms for copyright worldwide: continental European copyright law and Anglo-American copyright law. Both are often used interchangeably in everyday language, even though they are fundamentally different and have different uses. “Urheberrecht,” the continental European copyright, is currently applicable in Germany, France, and Switzerland and has been partly integrated into EU law. “Urheberrecht” or authors’ rights protect the author, including their person, and primarily concerns exploitation, remuneration and the prohibition of use by third parties. Anglo-American copyright, on the other hand, is about usage rights. Its primary objective is to promote public access and distribution of knowledge by giving users—such as publishers like newspapers—an exclusive right to reproduce a certain work for a limited time.
Pictures, Videos, and Graphics
Without multimedia, PR work would not be as engaging. Yet, unless specified otherwise, photos, graphics, and videos are always copyrighted. There should be no publishing of visual content without licensing and crediting. Unauthorized use can have costly consequences when claims for damages are asserted, as one is always accountable for the published content (chain of custody). Plagiarism, or alterations, do not protect against copyright claims. For this reason, it’s best to always check and understand that particular content’s usage rights before publishing.
In addition, the rights of the persons pictured must always be respected. One must obtain their permission before publishing their image.
These are the laws which apply in this context:
Copyright personality right (§§ 12-14 UrhG) — Copyright owner must always be credited for use. In this context, exploitation rights also play a role. The author alone decides who can publish, for which purpose, when and for how long.
§ 22 KUG Right of personal image (general right of personality) — Images may only be released or presented to the public with the permission of the person in the image. This applies if the person can be identified. But this only covers the publication, not the photographing itself or the rights of use.
Image rights involve numerous legal rules and obligations. In the process of clarifying rights, it is therefore not always easy to keep the red thread and not get lost in the application of the various laws.
Besides images, videos and graphics that one owns, many companies also take advantage of content from free image sites such as Unsplash, pixabay and others. But free doesn't mean rights-free. The terms of use for every separate image must be respected. As for paid, stock image sites, purchasing content does not necessarily mean unlimited usability. When buying a picture, video or other, one acquires certain rights of use(the so-called licenses). The more complex these licenses, the more expensive the content.
But how do you pay for the copyright of images or music? The answer depends… If you wish to obtain Synchronization Rights (the right to combine music with work from another genre, e.g. using a song in a corporate ad), you have to contact the music publishing house in order to obtain the rights of use. Additionally, you have to get the Master Rights (the ownership rights) if you want to own the sound/song in its original form. With image rights, it's a little different. You can buy image rights either from the author themselves, or from third parties who have been granted the corresponding rights. Some third party examples include Getty Images, Corbis, Pixelio or Fotolia.
A self-check can determine if the use of images or videos is legally problematic:
Where does the photo, graphic or video come from? Who is the creator, and who is the owner of the rights of use under copyright law? Has the permission of the right's holder been requested? Is it available in written form?
Are identifiable persons shown in the photo, graphic or video? Have they given permission for use?
Are copyrighted objects seen in the image (e.g., paintings, sculptures, buildings)? If needed, were the authors of the shown copyrighted objects asked for permission?
Are brands shown in the photo? Are any trademark laws being violated?
In summary, if a user has the necessary rights to publish an image including the consent of people in the image, it can be used. If you plan to take pictures yourself (e.g., at a company event) make sure to ask the people who will be in the pictures (e.g., visitors) for their permission to use those images (have it in writing).
Social Media and Copyright
Social media and copyright is a complicated matter. Users of social networks can post their own content or they can share, retweet, and repost photos, or videos. Rarely does one think about the legitimacy of this kind of content sharing and spreading. Yet, copyrights are violated every day, and due to the countless number of copyright breaches on social media, most are not followed up on. There exist three different rights which are supposed to protect the creator. These are called moral rights, exploitation rights and rights of use. Copyright infringement is a result of one of these rights being violated. This can have very serious consequences. One of the most common copyright infringements is the use of someone else's work. Even if you edit an image from the Internet, it still counts as an infringement. You have to ask the copyright holder for permission to edit the image.
The unique case of influencers and copyright
Users blindly include other people's content in their own feeds without giving original creators any credit. A brief reference to the original creator is easy to do and more than considerate towards that creator. Better yet—request permission! Most of the time, influencers are happy about free publicity for their ideas. But without credit—especially smaller creators—may feel used and exploited.
In conclusion
Don't be scared. Just breathe and remember the following: There are two kinds of copyright, the continental European and the Anglo-American. Both have different use cases. The easiest way to avoid legal trouble is to use royalty-free sites. If you want to share someone else's work, ask for permission and tag the original creator before sharing. In case you prefer to purchase the rights of the content, either contact the original creator, which could be a photographer, for example, or a third party like a publishing house, for example, which is the case for most music and images. Now you are good to go!
If you have further questions about copyright in communications and PR, don’t hesitate to reach out to us.
Here you can find some websites with multimedia content which have free, copyright-free, as well as paid options: