What to do if you see yourself in a stock photo
There are 2 reasons why you might be featured in a stock photo
1. You‘ve recognised yourself in a photo that was taken in a public place without you knowing, and the photographer is selling the photo on a stock site
2. You’ve agreed to be in the image, given permission to the photographer and signed a model release
Depending on which one of these you fall under there are a few things you can do. In this blog we’ll be looking at option 1, if you‘ve had your photo taken in a public place without knowing. Next week we’ll discuss the best things to do if you’ve appeared in an image that you’ve signed a model release for.
3 things you need to know about being in a stock photo (when you haven’t given permission)
1. The photographer probably hasn’t done anything wrong
Although laws vary from country to country, more often than not it’s perfectly legal to sell an image of a person or group of people without their permission as long as the photo was taken in a public place. For more information on what rights photographers have when shooting in public, there’s a great article on the Digital Camera World website.
2. Unfortunately, being in the photo doesn’t mean you’re entitled to any money or a free print!
Even if you’re in the photo, the image still belongs to the photographer. And as they own the copyright of the photo they’re the only one who’s entitled to money when it’s used. If you would like a copy of the image we can contact the photographer and ask them, or you can buy it from our site for around £10/€10/$15.
3. Sometimes it’s not ok for your image to be used without your permission, even if you’re in a public place
When it is ok to use the image without permission (a model release):
- If a photo of you is used editorially* e.g. featured in a newspapers or magazine to illustrate a story.
- If the photo is a crowd shot e.g. walking through oxford circus, or in a crowd at a festival
When it’s not ok to use your image without permission:
- If the image is being used commercially* e.g. if it’s being used by a company in their advertising or marketing campaigns and they’ve made it look like you are endorsing their product
- If the image is being used on consumer goods e.g. greetings cards, t shirts or calendars
If you think a photo of you has been used in either of these ways without your permission you should call the stock agency for advice, or contact your lawyer.
Model Release – A legal release form signed by the person or people in a photograph, giving permission for the photographer to use or sell the photo in one form or another.
Editorial use – Editorial use generally means when an image or clip is used to illustrate a newsworthy article, a critique or an educational text.
Commercial use – Commercial use generally means that an image is used to sell a product, promote something or raise money for a cause. This includes use in advertising, marketing, promotion, packaging, publication covers, advertorials and consumer or merchandising products.
*Friendly disclaimer, we’re not lawyers and this advice could change. If you’re unhappy about the use of a specific photo that we’ve sold please give us a call or get some legal advice.