Business Basics: Using Stock Photos with People

Using high quality stock photos on your website or in other business publications and marketing materials is an excellent way to get attention. And the most popular kinds of photos to use are those with people in them.

In a recent article, I covered some of the common legal issues and mistakes many marketers and website publishers make when using stock photos. In that article we covered how many small businesses and website owners often buy stock photography from other people that are not legally allowed to sell it. Those buyers then go on to use the photos they've purchased, and unfortunately they're using them illegally too. And this can get them in very deep legal trouble.

When licensing stock photos, there are several warning signs to keep an eye out for that might be an indication the photos are not legal. And one of those warning signs is if you buy stock photos or website graphics and templates which have people in them.

Now you're probably wondering why that would be, right? Well it can get complicated, but I'll try to summarize and explain the various issues for you.

Stock photography is usually used for commercial purposes. Whether that's in an advertisement, on product packaging, or otherwise, the most common use is for advertising. People photos however, cannot be used for advertising purposes unless the person in the photo has signed a model release for the photographer.

A model release is basically a legal agreement which says the person in the photograph authorizes the photographer to license, sell, or use the photos for various purposes. Usually the model release allows for any legal usage, including commercial, but some releases are worded differently than others.

The legal issues can get complicated, but the basic jist of things is this: A photographer owns the copyright to any photos they take. However, a person owns the copyright to their own image. So if a photographer wants to profit from photos which have recognizable people in them, they must get the permission of those people first.

The reason this gets complicated though, is because stock photos are often used on websites, in magazines, and in newspaper articles too. And everybody has seen plenty of photos of famous people, where it's obvious the person wasn't happy about being caught on film. So if the famous person was angry about being photographed, how did the magazine or newspaper get them to sign a model release?

The short answer is called "editorial usage". There are also legal exceptions for certain types of public figures, but we won't cover that part of things in this article.

Generally though, photos of people can be used for editorial purposes even if there is no model release signed. The publications which use editorial images in this manner license the photos directly from the photographer, or from a legitimate agent of the photographer, so the legality is usually firmly established.

The lines can get a bit blurred with editorial usage though, and things can still get sticky legally, so many magazines are starting to require model releases for people photos regardless of the fact they'll be used for editorial purposes.

The problem for small and online businesses however, is that stock photos and products made from stock photos are often purchased from third parties. And these third parties do not have the legal right to sell the photos in the first place.

The most common issues arise from website templates, headers, and graphic files. Many small website publishers will purchase cheap website templates and graphics that have wonderful, high quality photos making up the images. We've all seen the professional photos of business teams, men shaking hands, women measuring their waists and so on incorporated into website design graphics, right? These items fall under commercial usage, and as such the people in those photos will need to have signed a model release in order for the pictures to be used in those commercial ways.

For privacy reasons, model releases are not distributed with photos either. They stay on file with the photographer and any agencies which are allowed to license them, and they're produced when needed for legal purposes.

Now, many people put personal photos of people online all the time. If someone comes along and downloads one of those pictures, and then procedes to sell it as part of a stock photography collection, or they create website graphics or advertisements using the pictures, that person could be sued by both the photographer and the person who is in the photo itself. To make things worse, anyone who purchased the photos or products using those photos could be sued by both parties as well.

The same problems can arise even if there is a model release for the photo though, because many people download those pictures without paying for a license. Others will pay for a standard use license, but they turn around and sell them or sell products created with them when they're not legally allowed to do so.

High quality people photos are created by professionals. Often the photographer goes to great expense creating them too: Renting a studio, paying the models, paying make up artists, and so on. Because of this, getting an extended license which allows you to sell, distribute, or create products from those photos is usually quite expensive. And that's why people stock photo offers should be approached with caution.

If you come across an excellent website template or graphic offer that has great people photos it in, yet is being sold very cheaply, ask where the photos come from and what license the person selling them has. Ask for a copy of the license too, or a link so that you can read the license yourself. Just because they got the photos at a stock photo site, it doesn't mean they have the right to use them in the ways they're using them. And you can be sued right alongside them if the licenses are not in order.

So protect yourself and ask questions before buying. Or better yet: License the photos directly from legitimate stock photo agencies yourself, then hire a designer to create the website look or advertisement you need. And always keep a professional paper trail showing where you licensed the images, and which license rights you purchased. That way you are fully protected if any legal questions or challenges arise.

Note: I am not a lawyer and nothing in this article should be considered professional legal advice.