Do I Need Exclusive Rights for a Stock Photo? [ANSWERED]

Posted by Jack on October 2, 2019 in copyright for stock photos, exclusive free vector, exclusive licenses for photos, Exclusive Rights, exclusive stock photos, exclusive video, Stock Photo Questions & Answers

Exclusive rights for a stock photo are only necessary for a few situations. Learn about licensing fees, types, how they work, and what your project will need. If you’re hesitant to invest in stock images, it might be because you don’t want to buy the rights to an image, only to see it show up in another business’s ad or marketing materials. Don’t worry – there are many ways you can avoid a situation like this. Many people believe the only way to avoid this is to purchase exclusive rights for a stock photo. And, while some stock photography agencies – like Dreamstime – allow you to do that, it may not be the only option for your project. In this guide, we’re breaking down stock photo licensing types, where to find stock photos under those licensing types, and show you how to tell what kind of image licensing your project will need.

Exclusive rights stock photos

Purchasing exclusive rights for a stock photo means you are claiming an image for your own from that point on. This means that the image may have been used in the past by others, but won’t be able to be used by anyone else in the future. No one else can ever use it, for any project, and you hold the rights to it forever. As you can imagine, these rights come at a higher cost. While purchasing exclusive rights for a stock photo can be pricey, it’s – in many cases – much less of a time and financial commitment than hiring a professional photographer, models and finding the right location for a photoshoot to get the images you want for your business. It’s important to note that, while buying exclusive rights for a stock photo gets you ownership of that image, it often does not include copyright. That remains with the original photographer of the work.

Related: Do I Buy Copyright of a Stock Photo?

Exclusive rights might be the right choice for you if you are selecting an image to use in prominent branding materials, like your logo, or if there is a very memorable image you only want to be associated with your brand.

Best for: Situations where you want the exclusive rights for a stock photo forever and want to be the only one to ever use it, without the chance that a competitor will, too.

Where can I buy exclusive rights for a stock photo?

Not all stock photography agencies offer exclusive rights for a stock photo as an option, so here are three stock agencies that can help you get what you’re looking for:

Shutterstock – Custom Pricing for Exclusive Rights Images

Also well-known in the stock photography industry is Shutterstock. If you want to purchase exclusive rights for a stock photo through their platform, Shutterstock will work with you and the original image creator to work out a pricing agreement. You’ll have to contact them directly to use their content exclusively. Check out our full review of Shutterstock, and take advantage of our exclusive, limited-time coupon code.

Dreamstime – Exclusive Stock Images On Demand

Dreamstime

’s exclusive SR-EL license permits you total ownership of any images you purchase under it. They even commit to removing those images from their stock library within 72 hours of purchase to help protect your exclusive rights. Dreamstime is also the only agency that permits you to trademark images purchased, which makes it an ideal source for brands or businesses developing new or revamped logos. Check out our full review of Dreamstime before you purchase, and get 30 percent off all packages with this exclusive signup for Stock Photo Secrets readers.

Getty Images – Huge Library From a World-Renown Source

Getty Images is arguably the most recognized stock photo agency in the world. Well-known for its wide library of subjects and decades in the stock photography industry, Getty Images does permit the purchase of exclusive rights for a stock photo. To buy, you’ll need to contact Getty Images directly for more information. Don’t forget to check out our in-depth review of Getty Images and get your hands on this limited-time discount code. If exclusive rights are more than you need, a rights-managed license might be what you’re looking for.

Rights-managed stock photos

Rights-managed is one of the most common image licensing types for commercial use stock photos. Stock images under this license agreement are typically priced on a per-use basis, so for each project you use the image for, you pay a fee. For example, you can pay to be the only one to use an image in a brochure for a certain amount of time. If you also want to be the only brand or business to use that image on a billboard, you’d have to pay again for that right. Rights-managed stock photography is available for larger-scale companies who want exclusive rights for a stock photo to use in a certain way and for a limited amount of time. While this can add up and become pricer than the more common royalty-free stock photography license, it also allows you exclusive rights to that image as long as your rights-managed license agreement is good for. This license type is typically less expensive than purchasing exclusive rights for a stock photo while maintaining many similar benefits. For example, let’s say you are working on a website for a Mexican restaurant chain. If you don’t want to compete for Mexican restaurant chains to start using the same image on their websites, a rights-managed stock photography license can prevent that.

Best for High-profile companies that don’t want competing brands to use the same image they are in a specific marketing campaign, but don’t need the usage rights to it forever.

Where can I buy rights-managed stock photos?

Many stock photo agencies offer rights-managed licenses for images, but because it’s such a large investment, we have just one recommendation for you:

Getty Images – Rights-Managed Images of Striking Quality

Highly-renowned in the stock photography industry, Getty Images is the best source for rights-managed licenses for your commercial projects. Their collection boasts millions of images from award-winning photographers from around the world. For high-quality, commercial-use photos under a rights-managed license, there’s no better source than Getty Images. Begin searching for rights-managed stock images from Getty Images now! Read our complete review of Getty Images for more information on this exclusive stock photography agency. While they are less expensive than exclusive usage rights for a stock photo, rights-managed images are still pricey. If you are looking for a more budget-friendly option, royalty-free stock photos may be right for you.

Royalty-free stock photos

Royalty-free is the other most common type of stock photography license for commercial projects. These are much more affordable than the two above options because they are not for exclusive use.

WARNING: Royalty-free images are not exclusive, so hundreds – if not thousands – of businesses and individuals have them at their disposal. For exclusive images, purchase from stock photo agencies that offer exclusive or rights-managed usage rights.

Royalty-free stock photos – often misunderstood for being “free to use” images – are stock photos you pay once to use, and once you’ve paid the one-time fee, you have the right to use it as many times as you like in a number of projects with very few limitations. For example, if you are a local coffee roaster, you likely want a bank of stock photos you can use for multiple projects that won’t cost you every time you use them. Once you purchase and download your image, you can use it on business cards, posters, websites, social media posts, and ads – whatever you need to promote your business. Worried about using an image, only to see it show up in a competitor’s marketing, too? Don’t worry – there are millions of stock photos available under royalty-free licenses, and you can find some truly unique ones out there. It is highly unlikely that a competitor will use the same image in their marketing materials, too. Just in case – you can check out the most downloaded images in 2018 for anti-inspiration.

Best for: Small brands or businesses with smaller budgets for stock photography who want to make the most out of each image purchased.

Where can I buy royalty-free stock photos?

There are dozens of stock agencies that offer royalty-free stock photos at a great price point. Here are our top recommendations for royalty-free licensed images:

Stock Photo Secrets – Quality Stock Images for Small and Mid-Sized Businesses

The Stock Photo Secrets Shop was specially crafted with small and mid-sized businesses in mind. With images available at prices as low as $0.16 each, this stock photography agency is ideal for those looking to get the most from their money. Their library of over 5 million – and counting – fantastic royalty-free stock photos is only a click away. Check out our detailed review of the Stock Photo Secrets Shop and current deals here.

Shutterstock – Large Library from a Reputable Source

Shutterstock

has one of the largest libraries of royalty-free stock photos on the web. With 220 million images to choose from and counting, there’s a picture for every industry to be found through Shutterstock. You can choose between image packs or subscription services to find royalty-free stock photos that meet your needs. Want to learn more? Check out our in-depth review of Shutterstock, and if you choose to purchase, take advantage of this exclusive discount code – available for a limited time!

iStock – Microstock Agency with Big Offerings

A microstock agency from Getty Images, iStock sells royalty-free stock photos through credit packs and subscriptions. The more credits you purchase at once, the cheaper each image will cost. This curated site is very budget-friendly, whether you need just one image or 100. Read our full review of iStock to learn even more before you buy, and if it’s the right platform for you, check out this exclusive 15 per cent off discount code.

Adobe Stock – Great for Creatives and Designers

Adobe Stock is a graphic designer’s best friend. Conveniently set up within Adobe’s Creative Cloud, you can access stock photos by global creatives under a royalty-free license. You have the ability to test images before purchasing them, which makes them ideal for designers and business owners creating their own marketing materials. Read our full review for more information and get 10 FREE images from Adobe Stock with this step-by-step guide.

Photocase – Unique and Candid Stock Photos

Photocase, based in Berlin, has ultra-strict policies for its creators, which means its small stock photo collection is of the highest quality. This is the best platform for unique imagery because it isn’t as well known as some of the larger libraries out there. Prices for these images range from $14 to $42, depending on how large of a file size you need your photos to be. Check out our full review for more information and snag an incredible 10 percent off, plus 5 FREE credits for customers!

Free stock photos

Free stock photos have the widest range of license differences. Just because an image is free doesn’t mean you can do whatever you want with it, so be sure to check the image licensing fee agreements from each free stock photo site before using them in commercial projects.

Related: Can I Download Images from Google for My Work?

Additionally, free stock photos come in all different sizes – so some may work for print projects, but others may not. Double-check the resolution before ordering expensive marketing materials!

Where can I find free stock photos?

There are many sources for free stock photos – luckily for you, we’ve compiled a list of the 27+ best free stock imagery sites for 2019 to help you find exactly what you’re looking for. Enjoy the hunt!

So, do you need exclusive rights for a stock photo?

Exclusive rights for a stock photo are only necessary if you want to own an image forever, and never have anyone else use it for projects – commercial or otherwise. It’s usually only necessary for large-scale companies with big marketing budgets and high national or global visibility, and the best place to source these kinds of photos is Getty Images. If you are concerned about competitors using the same image as you but have a smaller marketing budget you can go with rights-managed or royalty-free licensed images as a more affordable option.

Related: Can I Use a Licensed Stock Photo for a Client?

If you have little to no budget for stock photography, you can try free stock photos – but be warned, they are very common, have vastly different image resolutions, and you need to check image licensing agreements before making changes or using them in prominent marketing materials – like your logo.

Ultimate Guide to Rules for Using Stock Photos

Posted by Jack on September 22, 2019 in copyright for stock photos, legal rights for stock photos, legal use of stock photos, Rules for Using Stock Photos, Stock Photo Buyers Guide, stock photo licensing, Stock Photo Rules

Buying stock photos for the first time often comes with a lot of questions. Maybe you’re not quite sure how to use stock photos legally and ethically, or you want to advise your team, students or colleagues how to use stock photos correctly. If you’re struggling to understand the legal rules for using stock photos for your project or are overwhelmed with information about the legal and ethical implications of using stock images – this guide has got you covered. Just want to know what royalty-free means? Then jump right here. Sourcing visual content, with the help of the internet, should be super-easy with just the click of a button. You can easily access and download millions of photos and videos on Google. But just like many things in life, rules have been put in place to control the procurement of content. Copyright infringement is a serious matter that can cost a fortune and can bring havoc to your business, or worse, your reputation. When it comes to using photos online, it’s necessary to use copyright-free images and be fully aware of any attribution requirements. So in this guide, Stock Photo Secrets have put together all the information you should know about copyright and stock photo licenses. We’ll also discuss the rules for using stock photos, how to protect yourself, how and when to credit, and some tips on using stock images — so read on!

The need for high-quality images

If you haven't noticed it yet, we are living in an increasingly visual world. Whether online or offline, high-quality photos and illustrations are in high demand. This is especially true in online and print marketing where high-quality photos are a necessary part of an effective marketing campaign. Businesses of today require visual content on their websites, email campaigns, blogs, and social media profiles. The ’42 Visual Content Marketing Statistics You Should Know in 2017′, an article published by HubSpot, has some interesting statistics you should know:

After 3 days, people will most likely only retain 10% of the information they hear. However, when information is paired with an image, people can retain up to 65%.
With text and illustrations, people do 323% better compared to following directions without illustrations.
An increase of 2.3x more engagement is observed on Facebook posts with images.
On Twitter, tweets with images are likely to receive 150% more retweets.

Why use stock photos?

If you are managing a business, a blog or you’re a graphic designer, design student or social media influencer, you can greatly benefit from using stock photos. Also, for website builders and mobile apps developers, the availability and wide selection of stock photos can significantly help enhance your project. There is an abundance of high-quality stock photos that you can use to create stunning content for your marketing campaigns, engaging landing pages, or even for your eCommerce site. Stock photography, in general, is an archive of ready-made photos which can be licensed commercially. Getting online images from a stock photo agency is one of the best ways to legally use photos for your project. In stock photography, there are usually two participants involved: the consumer and the photographer. You (the consumer) do the browsing and downloading of the images, while the photographer (image creator) submits and gets paid a percentage once their photos get licensed and downloaded. Stock photo agencies usually operate on a subscription or credit-based system.

Will using stock photos hurt my brand image?

Using stock photos won't hurt your brand's image providing that it works for you. When using stock photos, it is important to note that the image should match your content and be relevant to your business, or appeals to your target audience.

Also Keep in mind that whether you use free or paid royalty-free stock photos, it’s essential that you check its legality. Check usage clauses, image permissions, and modification criteria. You should also see if there's a need for credit attribution. (More on these below.

Legal implications

Whenever you use anything that you didn’t create, you should carefully check to see if you are violating any copyright law or other legal rights. When using or buying a stock photo, it’s crucial to thoroughly read and understand all of the licensing terms and agreements. Understanding image copyright, stock photo licensing terms, and its usage rules are necessary for you or your client to avoid costly legal battles. Although the copyright law and license agreements are somewhat complex, recognising the basic elements and terms will significantly help you make better choices. A consequence of carelessly using unauthorised images can result in you being taken to court for copyright infringement. Illegal use cases usually result in you paying huge amounts of money in damages. A perfect example of this is Gigi Hadid being sued by a photo agency for posting a photo of herself taken by a photographer during a photoshoot. The case went all the way to the Supreme Court before Hadid eventually won the case under the fair-use clause (see below). Another possible ramification is that the image owner or creator might send you a DMCA (Digital Millennium Copyright Act) take-down request, invoice you, demand payment and/or attribution. If you fail to honour their request, a Cease and Desist order will follow which could result in a lawsuit. This shouldn’t be taken lightly. Especially now that, with the help of online tools, photographers or image creators can easily track down offenders. And regardless of your intention, unauthorised use of images — used online or offline — is considered image theft. Instances like these can be both embarrassing and financially damaging. It can also be detrimental to your brand's reputation. That's why it is best to know the licensing rules and choose either royalty-free images or seek permission first from the image creator.

Why you should refrain from using images from Google

It's not safe for you to just use images found on Google. This is because Google doesn’t hold the copyright and only indexes the images under the protection of Fair Use rules. Therefore, Google doesn’t have the authority to permit usage of the images. Only the photographer or image creator can legally grant it.

Understanding Copyright, its Limitations, and Usage Rules

Copyright A legal right that grants the creator of an original work the exclusive rights to control the use, sale, distribution and reproduction is known as copyright. This covers all kinds of creative work and allows the creator to protect their work, and also generate revenue from it.

So when a photo is copyrighted, you will need to get the necessary permission from the creator before you can legally use it. This is the reason why you should be careful when downloading and using images you find online, especially with free image sites like Unsplash, Pexels or Pixabay.
What if there's no copyright sign? One common misconception is that if the image has no copyright notice or sign means that it's in the public domain. You need to remember that even if there is no visible copyright sign, the image may still be under the protection of copyright laws. To be on the safe side, be certain that there is a clear indication that the photo is in the public domain, or that the photo has a Creative Commons license.
Creative Commons Creative Commons is a nonprofit organisation that provides free and easy-to-use copyright licences which gives the public permission to share and use creative works under the creator's condition. These conditions may require you to write source attribution or may put limitations as to what you can do or how you can use the image. You can visit the Creative Commons website to find out more about what they do.

Restrictions and Exceptions to Copyright Law

Copyright laws differ from each country, including its limitations and exceptions. And one primary limitation to copyright is Fair Use.

Fair Use Doctrine

Coming from the US copyright law, the term “Fair Use” means that brief excerpts of copyrighted materials may be quoted verbatim, under certain circumstances, for purposes such as in a parody, new technologies, commentary, criticism, and other transformative uses, without payment or implied permission from the copyright holder (creator). This is particularly relevant when using photos taken of you by a professional photographer, specifically when the intended use is for commercial purposes. It simply means that under Fair Use, you are legally allowed and protected to use someone else's work without the need for you to ask permission or pay the image creator. The problem with Fair Use is that it’s often deemed too general and somewhat vague. You may face a common dilemma in determining if something falls under Fair Use. Moreover, the Supreme Court purposely leaves it open to interpretation, assessing copyright infringement cases on a case-by-case basis. Judges base their decision on determining whether a case falls under Fair Use using five common factors:

The nature of the copyrighted work
The amount and substantiality of the portion used with the copyrighted work
The purpose and character of the use
The effects on the potential market or value of the copyrighted work
If the use was transformative

Key licensing terms and definitions

For you to fully understand the common types of licenses, you should know the key licensing terms for stock images. Below are the common terms and their definitions:

Seat license

Seat license refers to the number of people who have the right to access and use the photo at a given time. In a single-seat license, it allows only one individual to download and use the image. While in a multi-seat license, it allows a specified number of individuals, usually around 3 to 5 persons, to download and use the image.

End-user / End-product

An end-user refers to the entity or last person(s) who the photo is intended to reach. While end-product is where the image will ultimately appear.

Single & multiple application

In a single application, there's only one end-user and one end-product. On the other hand, in a multiple application, there are multiple end-users but only one end-product.

Multi-domain and Multiple clients

In multi-domain, there's only one client, but multiple end-products. Whereas in multiple clients, there are no specified client limits so as long as the respective intentions aren’t in conflict with the other licensing terms.

Editorial use and commercial use

Editorial use license allows the image to be used only to illustrate a point in an article and not for selling. On the contrary, in a commercial use license, the image is used to sell something.

Two Common Types of Licenses Stock Image Agencies Offer

Below are the two most common types of licenses offered by stock image agencies.

1. Royalty-free image license

A royalty-free (RF) license grants you a basic right to use the image over and over again with no additional cost upon purchase (one-time payment). You (or the end-user) may buy the photo size you need and use it as much as you want for permitted uses defined in the licensing agreement. Royalty-free image licenses usually provide one end-user 1-10 seat-licenses. This type of license is cheap but it is non-exclusive. Some stock images websites claim to offer royalty-free images but impose several restrictions in terms of how and what you can do with the image. Thus, it's very important to buy a true royalty-free image or check the license agreement first. Main Features of Royalty-Free Images Having the right to use a stock photo – whether licensed under RF or RM – doesn’t entail the transfer of copyright. The image creator still holds the ownership of the photo. You (the buyer) only have the right to use the photos. Consequently, RF licensed images have specific rights and restrictions that apply to them. Each stock photography agencies have their licensing terms. That's why it's important to read the agreement. Below are its most common features:

Non-transferable – only the buyer has the legal right to use it. You can’t share, gift, or resell it.
Non-exclusive – RF images can be used by as many people who bought the license.
Worldwide – there's no geographic limitation associated with RF photos (unless specified in the license agreement)
Perpetual – there's no time limitation associated with RF photos (unless specified in the license agreement)
Multiple-use – allows multiple uses of the image, be it print, digital, or other methods

Also, there are two different types of RF image license: 1) Editorial RF license – with this license, you can only use the image for editorial purposes. Commercial usage of it is prohibited. 2) Commercial RF license – with this license, you can use the image in any commercial purpose. However, depending on the agency, the reproduction run is usually limited in 500,000 copies. You can buy an Extended RF license to give extra rights for unlimited reproduction, use the image in products for resale, and no multimedia distribution restrictions.

Restrictions to Usage of Royalty-Free Images

The following are the basic restrictions of RF images. It’s important to note these restrictions, especially if you intend to incorporate the image into a website branding or logo. Each agency has the right to add or remove restrictions to the usage of RF images, so you need to make sure to read the terms.

The image (as a whole) can’t be used as part of a trademark or logo.
The image can’t be shared, gifted, or transferred to any third-party
The image should be part of an integral design, reselling or redistributing it is prohibited
The image can’t be used in any defamatory way which could give a negative connotation on the image’ contents (persons, properties)
The image can’t be used in morally questionable uses like pornographic or adult-related content
The persons and properties in the image can’t be used in such a way that it would appear they are directly endorsing a product or service

If you are a graphic designer, you can use RF images in designs that you will sell to clients, providing images are modified and embedded in your design. As mentioned above, you can’t resell RF images as they are.

2. Rights-Managed image license

Rights-Managed (RM) is a type of stock image license where the image price is calculated based on the following:

how often you use the image
the image display size, placement, and geographical areas
the medium and duration of use
how many viewers will potentially see the image

This type of license is exclusive, expensive, expires, and has the most restrictions. RM image licenses only allow one person to purchase the image and has the sole rights to use it. You should be careful to read the license agreement to avoid infringement uses or expired rights. Use case – for whom could this be relevant

Attributions: how and when to credit photo

Typically, attributions are often found on an Editorial use of an image. Regardless of the type of license (Royalty-Free or Rights-Managed), crediting a photo isn’t legally required unless stated otherwise in the license agreement. Including a photo credit is an ethical thing to do and is, therefore, a good practice.

Ethical concerns

Aside from its legal implications, using stock imagery also has some ethical concerns that you need to consider. Using someone else's photo is unethical as its a form of stealing, as is selling copyrighted photos and claiming them as your own.

This is particularly relevant with the abundance of free images available from amateur and pro photographers from sites like Unsplash and Burst. However, these aren’t the only ethical issue worth discussing.

Using stock photos to drive user engagement

Based on the stats that people are more drawn to online posts that have visual content, more and more organizations are using stock photos to drive engagement. The problem with this is that some stock images used are generic and have nothing to do with the story. This is especially true with blogs that make use of dramatic stock photos for click-bait purposes, designed to grab the attention of online users. Choosing the right image can be a time-consuming task, but is worth the effort when you engage with your ideal target audience. Another unethical practice used to drive traffic is creating large online galleries. These galleries usually contain photos that don’t have a narrative. It's usually uploaded for the sole purpose of driving engagement and generating more clicks.

Protecting yourself

We are going to discuss some must-follow rules for using stock images. These will help to protect yourself from any issues associated with stock images. Keep on reading for tips to help ensure that you are using an image legally and ethically.

Although some stock image websites offer RF images for free, it's still wiser and safer to buy RF and RM licensed images.
Make sure to buy or download images only from reputable stock photography agencies like our Stock Photo Secrets Shop, Photocase, Shutterstock, iStock, Adobe Stock and Depositphotos. Check out more Stock Photo Secrets trusted stock agencies list and enjoy special offers for our readers.
Always read and carefully adhere to the license guidelines for image use.
Create proper attributions, especially if you're using the image for editorial use. Depending on your license, attributions aren’t legally required but it’s good practice. If unsure how to make proper attributions, use Creative Commons TASL (Title, Author, Source, License) approach.
If you spot a usage violation, immediately correct it. If the copyright holder requests you to take down an image, do so right away.
You should download the correct image size according to your needs.
Only search and use images that suit your needs or your brand.
Refrain from using outdated and generic images by staying up-to-date with the latest photography trends.
Use authentic stock photos and photos who are not stock photography if you want to get some reaction on social media and on Instagram with your photos

Best practices

And now that we're through discussing everything you must know about the rules for using stock photos, here are some bonus tips in using them. For more, check out our archive on Stock Photography Licensing. These best practices will help you enhance your project and help you avoid using stock photos in the wrong way.

Use high-quality images, avoid using blurry or poorly-photographed images.
Use images that are relevant to your content, fit and speaks your story, or suits your brand.
Modify the image whenever necessary but never overcomplicate the process.
Use stock images that are relatable to your target audience.

Key Takeaways

Carelessly using someone else's work could get you into hot water, both legally and ethically. When using stock images, it is best to understand the ins and out of copyright law. The Fair Use doctrine is somewhat ambiguous, so it's important to be cautious. Download images only from reputable stock photography sites. Know you or your client's need before purchasing a Royalty-Free or Rights-Managed image license as they have different features and restrictions. And lastly, use stock images that are relevant to your content. Choosing the right stock photo is not an easy task, especially when sourcing visual content for client work. Taking extra care to choose from legally and ethically sourced stock agencies before you start your search will save you lots of unnecessary headaches in the long run. We want to hear from you so let’s chat in the comments.