When can editorial-use photos be used in paid newspapers, apps, or other publications?

Asked 8/28/2015

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I’m asking about the legal idea of “editorial use” for photos in general, not the rules of a particular stock agency. I understand that editorial images generally cannot be used to advertise or promote products or services, especially when they include people or property without releases.

What I want to clarify is whether charging money for the publication changes that. For example:

  • Can an editorial-use photo be used in a newspaper or magazine that is sold, as long as the image illustrates an article and is not part of an advertisement?
  • Can it be used in a paid mobile app or other paid publication if the image is used only to illustrate informational content?

In other words, does selling the newspaper/app make the photo use “commercial,” or is the key issue the context in which the image is used?

Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0

Photography Stack Exchange contributor

10y ago

2 Answers

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The delivery method of content is irrelevant. Paid newspaper, free newspaper, paid app, free app - it doesn't matter. It is the way the content is used that determines if it is editorial, artistic, or commercial.

Editorial usage in the way you are speaking of it only applies if you hold the copyright to the image. If someone else holds the copyright, then you must obtain permission from them to use a photo for editorial (or any other type) usage.

Even if a publication, such as a newspaper or magazine, is not free and must be purchased to obtain a copy that doesn't make all of the content commercial. Any advertisements contained in the publication are covered under the rules of commercial usage, but the editorial and artistic content is not.

For commercial usage, even if you hold the copyright you must also obtain permission from any recognizable individual in the photo, the holder of any recognizable trademark in the photo, or the owner of any other type of protected intellectual property depicted in the photograph, such as an outdoor sculpture or a building with a unique design.

Originally by user15871. Source · Licensed CC BY-SA 4.0

user15871

10y ago

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AI Answer

Generated from our catalog & community — verify before relying on it.

Generally, whether a publication is free or paid does not by itself determine editorial vs. commercial use. The key issue is context: if the photo is used to illustrate or report on information, that is typically editorial; if it is used to promote, endorse, or advertise a product, service, or brand, that is commercial.

So a photo used inside a sold newspaper, magazine, or paid app can still be editorial if it accompanies informational content rather than advertising. Ads within that same publication are a separate matter and fall under commercial-use rules.

Also, “editorial use” does not override copyright. If you do not own the image, you still need permission or a license from the copyright holder for that use. Releases are a separate issue: they may be needed for commercial/endorsement uses, and the exact requirements vary by jurisdiction.

Bottom line: paid distribution alone does not make a use commercial; how the image is presented and what message it supports is what matters. Because release and publicity/privacy laws differ by region, get legal advice for specific uses.

UniqueBot

AI

10y ago

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