What Nonprofits Need to Know About Copyright
Photographs can be effective storytelling tools for nonprofit organizations.
They illustrate your nonprofit’s mission, demonstrate how you are impacting people’s lives and, when used correctly, can help you raise the funds necessary to continue your mission.
When considering whether to use a photograph for these purposes, however, you need to evaluate two things:
Copyright – Do I have the right to use the photograph?
Publicity Rights – Do I need a photo release for individuals or property depicted in the photograph?
We’ll cover publicity rights and photo releases in an upcoming article.
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Copyright
Copyright is a form of protection that was first established in 1790 by the United States Constitution and promotes intellectual creativity by allowing the author of a work to reap the fruits of that work.
Since then, this principal has been applied to photography as follows:
In most circumstances, the creator of the original work—the photographer—is the author and the original copyright owner.
A photographer can sell or give the copyright to another person, but most often merely grants a license (gives permission) to others to use the photograph for a particular purpose.
For photographs created since 1978, copyright protection lasts for the life of the photographer plus 70 years after the photographer’s death.
Common Myths
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The symbol © informs viewers that someone is claiming copyright of the image but it is not required to enforce the copyright.
For more information, see see this helpful overview by the U.S. Copyright Office: https://www.copyright.gov/what-is-copyright/
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If you are looking at a photograph you need to assume that it is protected by copyright.
Best practices:
Find out who created the photograph.
Contact the photographer and explain how you would like to use it.
Request permission to use the photo as you have described.
When communicating your request, do so in writing via email or direct messaging, and save the conversation, especially the response.
"What about that share button on Facebook (and other social media sites)?"
Using the share button is permitted by Facebook’s terms of service, but for any other type of sharing of someone’s else’s content, read Facebook’s warnings about copyright here: https://www.facebook.com/help/1020633957973118
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Seems like a nice thing to do, but it does not allow you to use the photograph. Contact the photographer following the steps outlined under Myth # 2, above.
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You most likely received a non-exclusive license to use the photograph in a certain way—on your website or social media accounts, or in your annual report— but you have not purchased the copyright. If you need to own the copyright for some reason, be prepared to sign a written agreement and pay more for the photograph.
The cost of purchasing the copyright will be based on the value of the “uses” that all copyright owners retain under the law: the right to make, sell or otherwise distribute copies, and the rights to adapt the work and publicly display the work.
To learn more about copyright, see this helpful overview by the U.S. Copyright Office: https://www.copyright.gov/what-is-copyright/
Still Unsure About Copyright?
If you are still unsure about copyright and whether you have the right to use a photograph for any purpose, seek independent legal advice to avoid any potential liabilities.
About Us
We are a New York-based photography services company specializing in crafting visual narratives for nonprofits and nongovernmental organizations (NGOs).
Our expertise:
Documentary-style photography
Drone photography and videography
Disaster response photography
Visual campaigns for fundraising and advocacy
Event photography
Headshots and environmental portraits
Cover photo: Sunrise solar eclipse, June 10, 2021. © Kevin Suttlehan
Contact us to learn more about what we can do for your organization.