Photos, images, and asking individuals how they’d like their image and likeness used
When you use photos, images, and videos created by others — and especially those depicting others — do you provide Creative Commons attribution, respect copyrights, and show courtesy to those whose work or likeness you use?
I find many websites — social networking sites, business sites, individuals’ sites, and blogs — where images are used, with no attribution to or courtesy shown the producer or creator of the image, the copyright holder, or the celebrity depicted. Professional journalists and traditional publishing media are required to use proper attribution and follow copyright and publicity rights guidelines. Theoretically, bloggers, social media users, and others are also required to follow usage guidelines. Unfortunately, many don’t, and many don’t even use common sense.
The Internet has fostered a culture of sharing, has changed, and is changing the way we share content of all types. In many ways, I believe this is good, yet there are many areas where unconscious sharing has had a negative effect.
Sharing can lead to collaboration, increased knowledge, transparency, and enhance the common good. I embrace this aspect of sharing: I use Flickr’s Creative Commons area, and open source software, and contribute in the form of documentation and training. I provide lots of free content on my sites, offered under a Creative Commons Attribution – Share Alike license. I admire Elinor Ostrom and many of the emerging projects supporting The Commons, and I share a lot of basic things, perhaps too many, I’ve been told!
As much as I support sharing, I also support the rights and wishes of individuals, and what has become a growing need in our culture and on the Internet for consciousness, respect, and common courtesy. We must respect the rights and wishes of those who create the images, photos, videos, and other content we use and share, and of those depicted in photos and videos we use and share. We must acknowledge these individuals, use their content, and most especially, use their own likenesses appropriately, in a manner with which they are comfortable.
Unfortunately, appropriate use and attribution doesn’t always happen. This seems to be a matter of education, or lack of education: Individuals and small businesses may not know how to attribute a work licensed under Creative Commons, or understand even basic copyright law (which limits use of work owned by the copyright holder) or publicity law (which limits the public use of an individual’s image, voice, or likeness for commercial purposes). While these are the legal aspects, respecting the wishes and rights of the individuals creating and depicted in the works is of paramount importance; this is basic common sense and common courtesy, both of which underlie copyright and publicity law.
Respecting someone’s wishes with regard to using their likeness may be as simple as checking with your friends to get their ok of the photos you’re tagging and posting on your Facebook page. Respecting someone’s wishes as to the use of their image may be more difficult if they’re a well-known person, if you didn’t find their photo under a Creative Commons license, if you’re using the photo commercially, and if you don’t ask, but merely assume it’s ok.
Don’t assume.
Putting someone’s image on your website creates a perceived link connecting what you’re doing with the person you depict and their values, beliefs, work, and reputation. Most viewers perceive this as an endorsement of your site, content, or viewpoint. Unless you have written permission to use an individual’s likeness, photo, video, or endorsement of your site, don’t put their image or kind words about you on your site.
As an example, I recently came across a website page describing something I can only describe as a pyramid scheme. The page touted a company ostensibly selling a product, but the page focused on building a network, and there were many similarities to a company selling a similar “product” shut down by the government some years ago.
Other pages of the website featured well-known nonprofits and new age leaders, as well as statements about how the organization (a for-profit business) supported those nonprofits. The mention of the charities and the manner in which the website copy was written — including statements about uplifting humanity and building wealth to share — created a perceived link and endorsement of the business by the charities and new age celebrities. I doubt the nonprofits and new age leaders know they’ve been featured as an implied endorsement of this site and business, and I wonder how soon they’ll discover the link and ask their images and videos be removed.
Situations such as this are only one example of why publicity laws exist, and why living celebrities and spiritual/religious leaders generally have very specific guidelines as to how their images are used publicly. Even if the individual doesn’t invoke publicity laws, if you truly respect the person whose photo or video you’ve put on your site, wouldn’t you want to respect and follow their wishes as to how their image is used? Their wishes and guidelines may well be based on highly personal beliefs or other factors.
For instance, in certain spiritual traditions, photographs are believed to convey the same essence as the living being. Spiritual leaders may request the number of photographs taken of them be limited, and/or that certain photos be used used in specific situations, and not in others, especially in traditions where a look from, or to, a saint is considered a blessing.
Specific images or videos of spiritual leaders, humanitarians, and celebrities may be designated as fundraising tools for charities. Using those images without proper permission or a donation to the charity may cut into the funds received and work done by the affiliated charity — or even channel funds into an intentionally deceptive pocket.
An intellectual property attorney-friend told me a story a few years ago, about how a US-based company created thousands of statues of a still-living, world-renowned spiritual leader and humanitarian. The statues were marketed with heartstring-tugging ads in major publications, and the company pocketed a good bit of money, giving none to the person depicted or the charities she started. I’m not certain if any legal case was raised in this instance, but potential legal consequences exist, and if an individual feels others are deceived by use of their image, that individual may choose not to overlook unauthorized use of their likeness.
We may never know all the reasons why certain individuals ask their photos or likenesses be used in specific ways, but no matter who’s depicted, employ common sense and courtesy when you use photos and videos. Look at the image, and make certain the context, content, and composition are appropriate to the situation. Get permission before using copyrighted work, and fully attribute both copyright-used-with-permission and Creative Commons work. If you want to use a person’s image or likeness in a way that might even remotely be construed as an endorsement, get that person’s permission. Comply with the usage wishes of the creator, and, most importantly, comply with the wishes of the individual(s) depicted.
It’s common sense and common courtesy, and both go a long way toward creating a culture of respectful sharing.
RELATED POSTS, on Practical + Geeky:
- The Creative Commons: How to Get Great Photos for Your Website
- How to Attribute Creative Commons-Licensed Work
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