Understanding Image Rights: Public Domain, Fair Use, and News Reporting

In the world of journalism, the use of images—whether public domain (e.g., CC0), licensed, or sourced from platforms like Getty Images—requires careful consideration of legal and ethical principles. While using images in news reporting often falls under editorial use and may be protected by fair use, journalists must also account for other factors, such as privacy, publicity, and defamation laws. These concerns persist even for images dedicated to the public domain, making diligence essential to avoid potential legal complications.

A key distinction to keep in mind is that copyright licenses (like CC0 or Creative Commons) apply to the creative work itself but do not override rights associated with the individuals depicted in the image. For example, a public domain image of a person may be free to use from a copyright perspective, but privacy and publicity rights may still restrict how that image can be used—particularly if it portrays the subject in a negative light or implies endorsement. Understanding the interplay between copyright, editorial use rights, and personal rights is critical for news organizations to responsibly use images in their reporting.

Key Principles for Using Images in News

1. Copyright vs. Privacy/Publicity Rights
   • Copyright: Determines who owns the creative work (e.g., a photograph) and whether others can use it without permission. Public domain (CC0) images waive copyright, meaning they can be freely used without attribution or licensing fees.
   • Privacy and Publicity Rights: Protect the individual depicted in the image, regardless of the image’s copyright status.
     • Privacy Rights: Prevent intrusive or unwanted use of someone’s likeness, especially in sensitive contexts.
     • Publicity Rights: Allow individuals to control the commercial use of their likeness (e.g., advertisements, product endorsements). These rights are particularly strong in the United States, EU, and other jurisdictions.
2. Editorial Use for News
   • Images used in news articles, blogs, and reports are generally considered editorial use, which is protected under fair use or similar legal doctrines.
   • Example: Using a CC0 or licensed image of a convicted individual in a story about their trial would typically be valid, as it is relevant and newsworthy.
3. Commercial Use Restrictions
   • Commercial use refers to using images for promotions, advertisements, or endorsements, such as placing someone’s photo on a product package.
   • Publicity rights are critical here. Even a CC0 image of a celebrity cannot be used commercially without consent, as the copyright waiver does not affect their personal rights.
4. Defamation Risks in Negative Stories
   • Accuracy is key: If an image is used to accompany a negative story (e.g., about a crime or controversy), ensure that the person depicted is directly related to the story. Misusing an image of someone unrelated to the event could lead to defamation claims.
   • False Light Claims: Even if the story is true, using an image in a way that creates a misleading impression (e.g., implying someone is guilty before a trial) could result in legal challenges.

Best Practices for News Reporting Images

1. Verify the Licensing Status of Every Image
   • For public domain (CC0) or Creative Commons images, confirm the terms on trusted platforms like Wikimedia Commons or Flickr. Keep a record of the licensing information for your files.
   • For licensed images (e.g., from Getty), follow the platform’s terms, including restrictions on commercial use or sensitive contexts.
2. Context Is Everything
   • Ensure the image aligns with the context of the story. For instance, if the story is negative, double-check that the image accurately represents the subject discussed and does not implicate unrelated individuals.
3. Avoid Privacy and Publicity Right Violations
   • When using images of identifiable individuals, especially in sensitive or controversial stories, confirm the relevance to the story and ensure the image is not being used to harm their reputation unfairly.
4. Attribution and Transparency
   • Even for public domain or CC0 images, provide attribution when possible as a best practice. If you crop or edit an image, disclose the modification to maintain transparency.
5. Be Wary of Global Variations in Laws
   • Privacy and publicity laws differ by country. For example:
     • In the U.S., publicity rights are strong, especially for celebrities or public figures.
     • In the EU, privacy laws like the GDPR impose strict rules on the use of personal data, including images.
     • Countries like France and Germany also enforce robust protections for individual privacy, even in public domain scenarios.

Key Takeaways

• Editorial use for news reporting is generally protected, even when images are used in negative stories. However, ensure the image is relevant, accurate, and not misleading to avoid legal claims.
• CC0 images waive copyright restrictions but do not negate privacy or publicity rights, particularly for identifiable individuals.
• Platforms like Getty Images transfer liability for appropriate image use to the publisher, meaning journalists must understand and comply with applicable laws.
• Conduct due diligence by verifying image sources, recording licensing terms, and confirming contextual relevance for every image used.

By adhering to these practices, you can ensure that your use of images aligns with both legal and ethical standards, reducing risks while maintaining the integrity of your journalism. Responsible image use is not only about protecting yourself from lawsuits but also about upholding the trust and accuracy expected in news reporting.

In the world of journalism, the use of images—whether public domain (e.g., CC0), licensed, or sourced from platforms like Getty Images—requires careful consideration of legal and ethical principles. While using images in news reporting often falls under editorial use and may be protected by fair use, journalists must also account for other factors, such as privacy, publicity, and defamation laws. These concerns persist even for images dedicated to the public domain, making diligence essential to avoid potential legal complications.

A key distinction to keep in mind is that copyright licenses (like CC0 or Creative Commons) apply to the creative work itself but do not override rights associated with the individuals depicted in the image. For example, a public domain image of a person may be free to use from a copyright perspective, but privacy and publicity rights may still restrict how that image can be used—particularly if it portrays the subject in a negative light or implies endorsement. Understanding the interplay between copyright, editorial use rights, and personal rights is critical for news organizations to responsibly use images in their reporting.

It is generally acceptable to use an image of someone that is a few years old in a news article, even if the person is currently associated with negative issues, as long as the image is used responsibly and contextually within the article. This approach is permissible under fair use and editorial use rights, provided the image is relevant to the story and does not mislead readers.

Here are key considerations when using such images:

Fair Use Principles and Relevance

The key to justifying the use of an older image is its relevance to the subject matter. Fair use allows images to be used in reporting if they contribute to the story’s factual basis or help illustrate the topic for readers. For example, if the article discusses an individual’s current legal troubles or public controversies, an older image of that person may still serve as a recognizable reference for the audience, as long as the photo does not misrepresent the person’s current situation.

Even if the photo predates the negative issues, it remains a valid choice if:

1. The image accurately identifies the person.
2. It is clear to the audience that the image is not a recent depiction (e.g., the caption or article context clarifies this).

For example:

• If an article reports on someone’s conviction for a crime, using a photo from a few years ago that shows them as they were at the time of the events is both relevant and fair.

Avoiding Misleading Implications

While using older images is permissible, care must be taken to ensure the image doesn’t create a misleading impression. For instance:

• If the photo depicts the person in a positive or celebratory setting, using it in a negative context could confuse readers unless it’s made clear the image is from a different time.
• Including captions such as “Photo taken in [year]” ensures readers understand the image’s origin relative to the story.

This transparency minimizes any claims of false light (a legal concept where an image misrepresents or unfairly portrays someone in a way that damages their reputation).

Editorial Use and Public Figures

In many cases, individuals involved in public controversies are public figures or have willingly entered the public eye. Public figures have diminished expectations of privacy under the law, particularly in matters of public interest. Using an older image of a public figure in a news story is unlikely to result in legal challenges if it directly relates to the story or helps inform the audience.

Even for private individuals, courts generally recognize the media’s right to use images for news reporting, provided the use is not defamatory or exploitative.

Balancing the Ethical and Legal Considerations

Although legally permissible, ethical considerations should guide the selection of images. A few best practices include:

1. Clarify Context: Include captions or textual context to indicate the timeframe of the image.
2. Ensure Relevance: Avoid using random or unrelated photos that could misrepresent the person or event.
3. Avoid Sensationalism: Select neutral or representative images to maintain objectivity in reporting.

Defending Fair Use in News Reporting on Negative Topics

Fair use is a critical principle that allows journalists and publishers to report freely on matters of public interest, even when the subject matter is negative or controversial. News reporting is explicitly recognized as a legitimate purpose for fair use, as it serves the broader societal goal of informing the public. The First Amendment in the United States, along with similar principles in other democratic nations, underscores the importance of a free press in holding individuals, organizations, and governments accountable. Without the protections afforded by fair use, it would be impossible for journalists to illustrate stories that involve public figures, criminal cases, or contentious issues.

When it comes to using images in stories that cast an individual in a negative light, fair use remains a valid defense provided the image is used in a factual, relevant, and non-misleading manner. If the individual depicted is directly tied to the story, such as a photo of a person convicted of a crime accompanying a report about their trial, the use of the image is inherently newsworthy. The negative association is not the fault of the publisher but rather a factual reflection of the events being reported. The law does not shield individuals from critical reporting or the use of their likeness in public interest stories, particularly if the use of the image adds context or enhances the story’s accuracy.

Furthermore, restricting the use of images in negative reporting could have a chilling effect on the media’s ability to cover vital stories. For instance, if publishers feared legal repercussions simply because an article portrays someone unfavorably, it would limit their ability to investigate and report on topics such as corruption, crime, or public misconduct. Fair use protections ensure that journalists can focus on reporting the truth without undue concern about potential legal claims tied to their responsible and factual use of visual content.

It’s also important to recognize that negative reporting does not automatically equate to defamation or unfair treatment. Courts typically assess whether the use of the image is relevant to the story, factual in nature, and used in good faith. For example, publishing a CC0 or licensed image of a person in a story that accurately describes their actions or involvement in a public event is a clear case of fair use. The law recognizes that public figures and individuals involved in newsworthy events often have diminished expectations of privacy in such contexts, especially when the reporting is done in the public interest.

Finally, journalists and publishers should always ensure their reporting is factual and that the context in which an image is used is accurate and not misleading. As long as these standards are met, fair use serves as a robust defense for the inclusion of images in articles, even when the coverage casts a person in an unflattering light. This principle is essential for protecting the media’s role in exposing the truth and fostering an informed public.

Using Images and Logos Responsibly in News Reporting

In journalism, the choice of images can play a significant role in how stories are presented and interpreted. When writing about companies, journalists often face decisions about whether to use images of individuals associated with the company or the company’s logo. Both options can be appropriate, depending on the context, but they come with different legal and ethical considerations—especially if the subject of the article involves negative news.

For example, when reporting on a company facing legal challenges or public controversy, images of the founders or executives may be used to add context or highlight the story’s key players. However, these individuals may not always be directly responsible for the current situation. In such cases, using their likenesses could unintentionally mislead readers into associating them personally with the issue. For this reason, journalists must ensure that any images used are relevant, factual, and accompanied by proper context, such as captions clarifying the person’s connection to the story.

The Case for Using Logos Instead of Individuals

Using the company’s logo instead of an image of its founders or leaders is often a safer choice, particularly when discussing issues involving the organization as a whole rather than specific individuals. Here’s why:

1. Logos Represent the Entity, Not the Individual:
   A logo is a universal symbol of the company, making it an accurate and neutral representation of the subject in the article. This avoids unfairly tying individuals, such as founders or executives, to issues they may not have directly caused or influenced. For instance, a story about legal challenges facing Google could reasonably use Google’s logo instead of an image of Sergey Brin or Larry Page, especially if they are no longer involved in the company’s day-to-day operations.
2. Fair Use in Editorial Contexts:
   Using a company’s logo in a news article is generally protected under fair use because it is being used for editorial purposes, not for commercial gain or to suggest endorsement. Logos help readers quickly identify the subject of the article, enhancing the content’s clarity and relevance.
3. Minimizing Risk of Misrepresentation:
   Associating an individual’s face with a story could lead to unintended implications. For example, using a photo of a founder at a positive public event to accompany a critical article might confuse readers or create a false impression of endorsement. A logo, on the other hand, is inherently tied to the company as an entity and avoids such issues.

The Ethical and Legal Considerations

When deciding whether to use an individual’s photo or a company logo, it’s essential to weigh the ethical and legal implications:

1. Relevance and Context:
   If the individual depicted in the photo is directly involved in the story, their image may be more relevant. However, captions or text should clarify their connection to the issue to avoid misleading readers.
2. Privacy and Publicity Rights:
   While logos are tied to the company and not individuals, photos of founders or employees may implicate privacy or publicity rights, particularly if the individual is no longer a public figure or if the image is used in a misleading context.
3. Fair Use of Logos:
   A logo is typically protected under trademark law, but its use in news reporting is generally permissible as long as it doesn’t imply endorsement or affiliation. Journalists must use logos in a manner that is factual and directly related to the story, ensuring no modifications that could distort its meaning.

Practical Example: Reporting on Google

Consider a news article about legal challenges targeting Google and its handling of user-generated content. The article might discuss the broader implications of Section 230 and its potential impact on tech companies. While Sergey Brin and Larry Page are Google’s founders, they may not be directly involved in the company’s legal strategies or the specific issues at hand.

In this scenario:

• Using a logo of Google would clearly and neutrally identify the subject of the article without assigning personal responsibility to the founders.
• If a photo of Brin or Page is used, a caption such as “Sergey Brin, co-founder of Google (photo taken in 2008)” would clarify their connection and the timeframe, avoiding the suggestion that they are actively involved in the current situation.