For any photographic assignment, make sure that you organize the rights properly! Is the photo for a specific situation, intended for one-off publication? Or do you anticipate that it will be used more often, in which case should the rights be acquired?
There are two kinds of rights at issue here: portrait right and copyright. Broadly speaking, portrait right is the right of the person portrayed, while copyright is the right of exploitation by the photographer taking the photo.
Make sure that the photographer understands that the assignment is subject to the University of Groningen General Terms of Purchase. This means that copyright liability rests with the photographer. The General Terms of Purchase also stipulate that copyright belongs to the client. The standard e-mail explaining this to the photographer can be found on page 44.
Single use: limited access in the image bank
Portrait right. Point out to the photographer that he/she guarantees under Article 11.1 of the General Terms of Purchase that the photo does not infringe the rights of third parties. For portrait rights, the photographer can do so by having the subject sign a consent form for single use in a communications tool. Bear in mind that permission is also needed from the subject if a photographer takes photos in which that person figures prominently.
- Copyright. It is customary practice for the photographer to ask a lower price in a quotation for a single-use licence. The photographer retains the copyright. Article 11.2 of the General Terms of Purchase does not apply in this case.
- Image bank. The photo can still be placed in the image bank, but make sure that it can only be viewed by close colleagues. The information accompanying the photo must clearly state that anyone wishing to reuse the photo should contact the photographer.
Multiple use: accessible in the image bank
- Portrait right. Point out to the photographer that he/she guarantees under Article 11.1 of the General Terms of Purchase that the photo does not infringe the rights of third parties. For portrait rights, the photographer can do so by having the subject sign a consent form for single use in a communications tool. Bear in mind that permission is also needed from the subject if a photographer takes photos in which that person figures prominently.
- Copyright. If you wish to place a photo or series of photos in the image bank for re-use, send a copy of the General Terms of Purchase to the photographer together with the assignment. Article 11.2 of the General Terms of Purchase states that the photographer transfers the copyright to the University. Remember: the General Terms of Purchase must accompany any request for a quotation.
- Image bank. Photos intended for multiple use are placed in the image bank. The image bank manager will ensure that a selection of iconic photos is available to a general audience. In the case of portrait photos, the image bank manager will check which kind of re-use consent has been given for. The photos from the 'public collection' will be available under a Creative Commons ShareAlike licence. This allows re-use for non-commercial purposes, such as Wikipedia. However, the user must fully acknowledge the maker and the University of Groningen website and adaptations must also be made available under a Creative Commons licence.
› Attribution for the University of Groningen website: Name of photographer, CC-BY-SA-3.0 (http:// creativecommons.org/licenses/by-sa/3.0), via http://www.rug.nl/beeldbank.
› Attribution for Commons Wikimedia: Name of photographer, (http://www.rug.nl/beeldbank), CC-BY-SA-3.0 (http://creativecommons.org/licenses/by-sa/3.0), via Wikimedia.
- If you find a suitable photo on the Internet, always find out who holds the rights and if there is a fee for publishing the photo!
- Photos from Wikimedia must be supplied with a caption stating the photographer's name and the licence. This information can be found on Commons and Wikimedia in the 'attribution' accompanying the photo.
- The use of details from a photo is permitted for the website. Some parts of the website use a text overlay projected over a photo (e.g. carousel sliders for home pages and subhome pages, banners and educational banners). When using a detail from a photo in this way, you must ensure that the overlay does not affect the subject of the photo.
- With film, the issue of rights can be complicated because in many cases material comes from different source files. In most instances, the producer is presumed to be the rightholder. In principle therefore, the General Terms of Purchase must also accompany this kind of assignment.
For further questions about the correct usage of images and film please contact Merel Weijer.
|Last modified:||29 April 2019 11.05 a.m.|