Michael Renaux , Sep 02, 2010; 06:11 a.m.
A friend of mine is starting up an online fashion magazine. She asked me a question I wasnt quite sure what's the answer is. As I'd like to help her with this venue I though maybe someone here could help me to find the right answer to it.
Blogs - she is planing to run a blog on the magazine website. A couple of writers will be writing about upcoming fashion events. They would like to use images (from fashion shows, events) with the text. The question is. Does she needs to be licenced to legally use such images on a blog (part of the magazine website)?
My personal guess would be yes, she needs to be licenced by the photographers but... I've gone through many blogs and in most cases couldnt find any credits to the photographs. I even seen/recognised work of the top fashion photographers used on blogs. The images werent credited and I suspect the writers didnt have a permission to use the images but still they did use it. Is this legal?
Michael
Kevin Delson
, Sep 02, 2010; 08:55 a.m.
Blogs - she is planing to run a blog on the magazine website.
It sounds like her blog is for promotional purposes; or more accurately, far from editorial use.
So the fast answer is (ABSOLUTELY) she will need to get the creator of the images permission.
Does she need to (License) the images? Yes. But that does not mean she will have to pay for the images. As for the top fashion shooters?..They will no doubt want to be paid for the useage and paid big.
barry goldberg
, Sep 02, 2010; 10:18 a.m.
Kevin is 100% correct. Your friend MUST properly license the images. Even if her blog was not connected with the magazine, she still must license the images.
However there are a few image sites that offer low cost licensing to bloggers, such as iStock, Picapp, FreeFoto, and stock.xchng.
Rob Sheppard
, Sep 02, 2010; 07:39 p.m.
Yes, she needs a licence. Unfortunately the nature of the internet and blogging means that images end up all over the place, and a lot of people will just publish anyway without a licence. I've found several of my catwalk show images on blogs - normally I contact and ask for a credit or add a comment to credit myself.
But just because there is no credit does not mean the image is being used out of licence.
If she wants to use images for upcoming shows she could contact the designers or show organisers who may be able to supply her with these, normally FOC since they would be getting publicity. They (i.e. the designer/organiser) would have come to some agreement beforehand with the photographer to allow these images to be used in this way, which maybe why the examples you've seen were not credited. And since blogging is an accepted medium in fashion she should have no problems with the press officer for an event.
BTW its very easy to get free shots from catwalk shows. There are normally loads of photographers at these shows who will give away their images. She just needs to approach the "pit" before or after the show.
Also if she is in the UK, or wants to cover UK shows, she can sign up (free) to catwalking.com, run by Chris Moore. He gives away all of his catwalk images for free use to those in the industry - primarily aimed at high end fashion print magazines and PR, but even if her application to register is rejected he still makes his images available to all after each event, and then locks them down for registered users only after a few weeks. Only requirement is to credit him I think. He also goes to every show that is worth going to and normally has his spot, the best in the house, reserved.