Editorial Use Only
If your image includes an identifiable face(s) and you do not have a signed model release for each face, please sell your image for editorial use only (Note: please make sure the image was taken on public property).
Likewise, if your image includes recognizable property (ex. a storefront), logos, or characters (ex. Mickey Mouse), please sell your image for editorial use only if you do not have a signed property release.
What is an editorial image?
Works available for editorial use are newsworthy images reflecting events from social, cultural and political scenes and have typically been taken without the consent of the individuals in the photo. Editorial images can usually be used within an editorial context to illustrate truthful articles or presentations such as those appearing in magazines, newspapers or any other editorial context, in either printed or electronic media. Editorial images are not suitable for commercial use(s).
On the donation form, how do I indicate that I want to sell my image for editorial use only?
Check the box at the bottom of the donation form that says “Check here if the image should be used for editorial purposes only….” It is also important to include as much information as possible about the people and scenario depicted in the image. On the donation form, please include the date the image was taken, and include a caption with as much information as you can provide about the circumstances at the time the photo was taken.
How will my image be sold?
If you check this box, your image will be sold as follows:
No printed items: We will not sell your image in print format (as photographic prints, standout displays, greeting cards, iPhone cases, coasters, canvas totes, t-shirts, or on any other printed merchandise). Background: In some states in the USA, photographic prints may be sold with identifiable faces or property (without having secured model or property releases, respectively) as "artwork," and sometimes as limited edition prints only. However, laws vary by state. Therefore, PAHW will not sell editorial images in print format. The rare exceptions are if the faces are part of a large crowd or in the distant background, and thus difficult to discern. Click here for an example.
Digital format for editorial use only: With your permission, we will sell the image in digital format with an editorial license. Please select the “print+one-time use license” or “print+unlimited use license” option AND check the box at the bottom of the form indicating that the image should be sold for editorial use only. If you check this box, we will not sell your image in print format, and will only sell the image for a one-time or unlimited use (as selected) editorial license. Background: In the United States, the right to free speech (upheld in the First Amendment) broadly protects the ability to publish a photograph for a newsworthy purpose to the public. Courts do not require that the photograph show the actual person or setting described in the book, article, etc. Rather, there just needs to be some relationship between the subject or setting discussed in the publication and the photograph.
Photographs that show a recognizable person or property, without proper releases, can only be used for editorial purposes in the following situations in the USA:
- The photo was taken in a public place;
- The photo is used to illustrate a factual article, book, news broadcast, documentary, or film concerning a matter that is newsworthy or of public interest;
- And there is some connection between the subject discussed in the publication and the photograph.
What about laws outside of the USA?
Laws about privacy and the use of model and property releases vary depending on the country (and are subject to change over the years). A photograph might be subject to the laws of the country where the image was taken, in addition to the laws of the country where the photo is published. Because of disparate and fluid policies, Picture A Healthier World’s license agreement holds that it is the responsibility of consumers to “consult with your own legal advisors and review your license agreement(s) to ensure that all necessary rights, consents, or permissions have been secured.” Read the text of our license agreements here.
*Portions adapted from http://www.agefotostock.com.