Using Photographs and Graphics
Albert W. Starkweather, Philatelic Communicator
Author’s note: This is intended as an overview to this area and does not constitute legal advice. Writers and editors with specific questions about fair use and copyright should seek legal advice.
There are four major issues concerning the use of photographs and other images:
- the right of privacy
- libel
- permitted and prohibited uses of stock images
- the use of images from other sources.
In an increasingly litigious society, extreme caution should be exercised in using non-news pictures in which the subjects are clearly identifiable without express permission of those subjects. It is necessary to obtain model releases for all non-news usages. Minors cannot sign a model release, which must be signed by a parent or guardian.
Never use a photograph in any way that could be considered defamatory, libelous, pornographic, obscene, immoral, or fraudulent, nor should a caption imply any particular behavior to a model. Never use unidentified pictures to illustrate social or other conditions.
Stock images and graphics licensed from an agency, including that included with many software programs without charge, may carry specific permitted uses and prohibitions from agency to agency.
In general, permitted uses of images include their use in any electronic or print media, including advertising and editorial use, and consumer merchandise; their use for any items for resale, including book covers and consumer merchandise, provided these products are not intended to allow the redistribution or reuse of the images; and their modification or alteration as necessary for editorial use. However, any derivative work belongs to the agency.
Some of the prohibitions include their use in any way that could be considered defamatory, libelous, pornographic, obscene, immoral, or fraudulent; their use as part of a trademark, service mark, or logo; and removal of any copyright or trademark from any place where it appears on the image. Some images and graphics created specifically for trademarks, service marks, or logos may be subject to the other restrictions.
Copyrighted images and other artwork to be reproduced from newspapers, magazines, books, and other sources, including electronic, require approval from the copyright holder, which is usually the publisher. Larger publications have rights and permissions departments to handle such requests.
In some instances a publisher will grant reproduction rights without a fee or for a modest fee as a professional courtesy between publishers. Permissions approval must be in writing.
When permission is granted, the addition of a credit line usually is required:
By permission of Scott Publishing Co.; ©2006.
If there is an excessive fee or the request is denied, there is the option of creating a new piece of art that may convey the same information but must be substantially different in appearance
If permission is denied the material should be used under no circumstances. ![]()

