Tip Tuesday

Tip: A word (or two) on photo licensing.

We won’t be humble. We are pretty proud of the fact that our photo licensing is unlimited, no-strings attached and hassle-free! This is why you might get tired of seeing your photos all over the world, in social media of major brands, in offline marketing, in print on t-shirts! When a photo is bought on Foap, it can use it an unlimited number of times(!) as long as the commercial and editorial licenses are taken into account.

photo licensing

So, today a brief explanation, or perhaps a brief recap, on the two types of photo licences on Foap.

If there are people in a photo, the photographer needs to ensure that all the people in it have given their permission for it to be sold for commercial use. If not, the image is marked as editorial.A commercial photo is a photo that can be used for commercial purposes. For example, to advertise a product or brand, a banner advertisement, etc.

An editorial photo can be used in newspapers, magazines, blogs, etc. but cannot be used for commercial purposes.

So, how do you know which license to choose when uploading?

Here are the crucial questions that you need to think about, and that you will be prompted on by our app:

Are there people in this photo? Can one recognize the faces in this photo? Have all the people in this photo approved its use for commercial purposes (for example, to advertise a product)?

If there are no people in the photo, it can be sold for either Commercial or Editorial use. It’s the photo buyer’s responsibility to use the photo appropriately, based on the rules and laws of the country where it will be published.

If there are recognizable people in the photo and one can see who they are, you must have their permission if you want to sell the photo for Commercial use. The photo buyer can also request a model release.

If there are people in the photo, but one can’t recognize anyone—for example, a crowd of people at a concert and you only see the back of them from far away—you can sell it for Commercial use without permission. This is only if it is impossible to see who it is in the photo.
You can always sell the photo for Editorial use if you are unsure. Even if there are people in it and even if one can recognize them.

Just remember, and not be too harsh, but as a Foaper, you are responsible for informing us and the photo buyer if all the models in a photo have given permission for its use for commercial or editorial purposes. The photo buyer is responsible for using the purchased photo lawfully, according to existing rules in the respective countries where publishing it, and by taking into account the commercial and editorial licenses.

(Photo buyers: You can always request a model release if you want. Simply email us at info@foap.com. Don’t forget to send the link to the photo so that we know which photo you want a model release for. As soon as we get your email we will contact the photographer and ask for a model release.)

Have any questions about photo licensing or permissions that weren’t answered above? Drop me a line in the comments below or contact me directly at filip@foap.com. Alternatively, contact Lukasz at support@foap.com.

#foapit!

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David Ratledge says:

Thanks for posting on this subject Filip. What about property? Aren’t property releases required when using someone’s recognizable property in a commercial photo such as an ad? To use an extreme example, I can’t imagine selling a photo of the Coca-Cola headquarters to Pepsi for them to use in an ad. Somebody would get sued. And isn’t this even more true if the property is covered by trademark or copyright law such as photos of art (sculptures, paintings, etc.) or corporate logos?