Public domain image pitfalls and ways to avoid them
CC0 images are copyright free but here are some important exceptions you should know about before using them in your next project.
It’s important to understand that “public domain” grants you permission use an image freely without asking permission from the image author but it’s your responsibility to make sure the depicted content doesn’t infringe on any rights.
Pitfall #1: Identifiable People
Just think, would you like to see your face on a billboard or website without being asked for permission? Most people say “no” which is why identifiable people must give their consent for public usage of their images. You will first need a “Model Release” before using public domain images with identifiable people.
Take extra care that identifiable people do not appear in a bad light or in a way they might find offensive, unless they give your their written consent.
Pitfall #2: Private Property
When using pictures that contain clearly recognizable places, buildings, or other property (like cars and intellectual property), you must first get written permission from the property owner in the form of a “Property Release.”
Under a property release, the property owner gives you permission to use pictures of his/her belongings including special cases where designs or seemingly public buildings are protected. For example, if you wanted to use an image of the Empire State Building in an ad for “Empire State Media” without a property release from the building owners, legal disputes are likely to result.
Examples of protected private property include:
- New products like computers and mobile phones
- Privately owned buildings in public places (think of the Chrysler Building in New York or the London Eye).
Don’t ever suggest the endorsement of products or services by depicted people or organizations. For example, don’t use an image of a public figure in a way that suggests that figure would recommend the product.
Exceptions for Editorial Use
It’s important to know that the rules above generally only apply when using pictures for commercial purposes, such as in advertisements or brochures. There is an important difference between editorial and commercial use.
If you are using a public domain image on your personal blog, that would be considered non-commercial, editorial usage. No model- or property release would be required. Commercial use is loosely defined as any sort of business where you are engaged in commerce – the activity of buying and selling, especially on a large scale.
The Bottom Line
All of these rules may seem complicated or risky, but in reality, they aren’t. Put yourself in the position of a depicted person or property owner: Would you approve of the intended application without being asked for permission first? Consider this question before using a public domain image without a release.
Most importantly, remember it’s your responsibility to be absolutely sure that the depicted content is suitable for your application and that it doesn’t infringe any rights. Don’t ever rely solely on verbal permission when seeking a release; always get it explicitly in writing.
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