A Practical Guide on How to Get Copyright Permission for Images | 7 Essential Elements
Want to know how to get copyright permission for images? I'm telling you exactly what you need to ask for and how to do it (legally).
Knowing how to get copyright permission for images can create access to all the content you need, but if you're anything like me, you want to ensure you do it legally and don't lose the right to those images. As a lawyer myself who drafts licensing agreements for people like you who want to use other people's content, I am giving you a complete guide on how to get copyright permission for images.
You will learn about how to get copyright permission for images, including a copyright permission sample letter, so you know exactly what you need to do when requesting or even granting
granting permission to use copyrighted material.
After learning all about how to get copyright permission for images, you will be able to get (or keep) your rights to those images and protect yourself!
This post is all about how to get copyright permission for images and what you need to do to protect yourself from getting sued.
Essential Guide to How to Get Copyright Permission for Images
Do I need to submit a copyright permission request?
First of all, the most common misconception is that you can just use anyone's images without their explicit permission if you just add a link to their website and mention their name.
That is still copyright infringement in most countries. In other words, you are violating someone else's copyrights under intellectual property law. Intellectual property laws are made to protect the creators of their work and to ensure they have the right to receive fair compensation for their creations. And, 'fair compensation' does not have to be monetary, but we'll get into that later.
And you also want to be protected for those same reasons. You may like it if Oprah posts an image of your soap company without your permission, and you suddenly receive thousands of orders for your soap bars. However, if just anyone with controversial views uses your picture in a controversial article you don't want to be associated with, you want to be able to stop them.
For those reasons, most countries have similar intellectual property laws that all come down to the same basic concept: creators of images, designs, songs, videos, writings, and all other types of intellectual property automatically hold the copyright to their work without any registration being required, and using it without their permission can lead to legal consequences for you.
So, to avoid putting yourself or your business in jeopardy, you can simply submit a copyright permission request to the creator of the images. And that all starts with a copyright permission request email.
Copyright permission request email
The first step to how to get copyright permission for images is obviously to reach out to the creator of those images. You just write them an email.
But what do you say? The key elements of your copyright permission sample letter should include the following:
Background information: Who are you? What is your business?
Image description: Which images of the creator do you want to use?
Purpose: What is the reason why you want to use their images? Where do you want to use those images?
Compensation: What will you give them in return?
Next steps: What happens next if they want to give you permission?
Now, as for the compensation aspect, obviously, you do not want to have to pay them to use their images for your blog post. In that case, the compensation you should offer is to publicise the creator as the creator of those images, i.e., mentioning their name.
So, it's easy to include in that copyright permission request email that you would, in return, include their information next to or below the image. In that letter, you can ask what exactly they would like to have mentioned. Do they want you to just mention their name or also their website or social media handle?
Depending on the situation, some creators may be willing to grant permission in exchange for notoriety. Maybe you have a lot of visitors to your blog, and they see the mutual benefit of having their image on your website. However, others may request monetary or other compensation for the use of their images.
So, sending a copyright permission request email is the first step to how to get copyright permission for images. If you want a copyright permission sample letter that contains all the essential elements you need, go to the blog post mentioned at the end of this blog post and get a free copyright permission sample letter!
If they accept your request or you agree to provide them with other compensation, it's time for the next and most essential element of how to get copyright permission for images: the copyright permission form.
Copyright permission form
Now, what you need to get full legal power to use the images the way you intend to and stay protected is a copyright permission form, i.e. a license agreement, also called a copyright permission agreement.
Getting permission from the creator is not enough. You want to receive a license, which is not just permission but a right to use the images under certain terms. You obtain that license by having the creator sign a license agreement. That is the next step you mention in your copyright permission request email. That is ultimately how to get copyright permission for images AND obtain the right to keep using those images for however long you want while being fully protected.
So, there are two parts to how to get copyright permission for images:
Send a copyright permission request to the creator, and
have the creator sign your license agreement.
Here are some of the essential elements of a license agreement you need when requesting a license for someone else's images:
1. Accurate description of the images
First of all, it's important to be on the same page about what image(s) of the creator you want to use.
So, you must accurately describe the images so that there can be no miscommunication about which image(s) you will be using.
2. What type of license you want
Then, you must specify what type of license you want. There are three types of licenses:
1. the exclusive license,
2. the non-exclusive license, and
3. the sole license.
In the case of an exclusive license, the creator would be giving you the exclusive right to use their image(s), which means only you and not even the creator may use the license unless the license states that the creator may use the license for certain purposes. That is a far-reaching right for which you would normally provide a larger compensation. So, if you will be using their image(s) for your blog, that does not make sense.
In the case of a non-exclusive license, you get the right to use the image(s), but it is not in any way exclusive. The creator still gets to use the image(s) however they want, and they can give that same license to anyone else. If you are not paying top-dollar for their image(s) and just mention the creator next to the image as the only compensation, this type of license makes the most sense.
In the case of the sole license, only you and the creator get to use the image(s), and no one else can get a license to use those images. Again, this only makes sense if the creator is receiving compensation for this far-reaching right.
3. What you will use the images for
The next essential element of your license agreement is the purpose. I would state the main purposes for which you want to use the image for now so that the creator understands why you want to use the image. But also state that you can use the image for other (related) purposes so that you have the freedom to use those images for other things, like other blog posts or other content you create for your website or your social media platforms.
4. Where you will be using those images
The next essential element is the location. As with the purpose, you also want to have the description of the location be as broad as possible to encompass all the places you may use those images now and in the future.
So, state your entire website, not just the blog post you will be using the image for now—and state other potential locations, like the social media platforms you use.
5. Your editing rights
When you are using someone else image, you will, at the very least, want to crop the image to fit where you are using it. Or, maybe you want to be more creative and use only part of the creator's image to include in your own image.
Whatever you may want to do, you want to have full creative freedom to make those edits.
That's how to get copyright permission for images AND stay protected while using those images in ways that you want.
6. When the creator may revoke the license
Of course, as the user of the images (the licensee), you do not want the creator (or licensor) to just revoke the license at any time after you have already added the image to your blog post.
However, the creator is likely not going to agree to provide you with a license that is irrevocable unless you have a good relationship with them.
Therefore, your license should state that the creator is not permitted to revoke the license unless:
you do not comply with the obligations in the license agreement, such as mentioning the name of the creator beneath the image if you have agreed to that or using it for purposes other than agreed, or
if you use the image in a way that is harmful to the creator, like damaging their reputation.
That way, you are protected and can use the images without having to fear that the creator can withdraw their permission to use the images or revoke the license.
That's that's how to get copyright permission for images and keep using them.
7. Compensation
The next essential element is the compensation. The creator will want to be compensated in some way, but as already mentioned, that compensation does not need to be monetary.
If you have a blog with lots of traffic, the creator might be happy to give you the images without getting paid but, instead, be mentioned as the creator of the image in the hopes that some of your traffic will come the creator's way. Ultimately, you are giving the creator more publicity, and that is valuable in itself.
However, if you want to use their image for advertising, they will likely want to be compensated for that. In that case, you could agree on paying:
one lump sum fee,
royalties (a fixed periodic payment), or
a commission for sales generated through that ad with the creator's image.
And that's how to get copyright permission for images AND stay protected with a license agreement.
If you want to learn more about how to get copyright permission for images with a license agreement, I recommend starting with this blog post on What Is a Content License Agreement | The Ultimate Guide.
For more details on the essential elements of a license agreement, read this blog post on the 11 Must-Haves for Every Content License Agreement.
Copyright permission sample letter
Do you want a copyright permission sample letter that includes all the essential elements for the copyright permission request email I talked about at the beginning of this blog post?
Then read this blog post on the 7+ (Legal) Essentials You Need in Your Copyright Permission Request Email (+ Free Email Template), and get your copyright permission sample letter for FREE!
Are you granting permission to use copyrighted material?
If you are granting permission to use copyrighted material, then you must read this blog post on the 11 Must-Haves for Every Content License Agreement.
This post was all about how to get copyright permission for images, including the essential elements for your license to keep using those images.
Want to learn more about how to get copyright permission for images with a license agreement? Then read this blog post on What Is a Content License Agreement | The Ultimate Guide.
Want a bullet-proof license agreement to use all the images you want? Then you get your Content License Agreement Template on this page of my contract shop!
Are you taking photos of someone? Then, you need a media release agreement. Learn everything about the media release agreement in this blog post on the 10 Key Reasons You Need a Photo Release Consent Form for Social Media, and get your media release agreement on this page of my contract shop.
