Copyright, Aesthetic PR and Marketing
Doing your own aesthetic clinic PR and marketing? Using lots of lovely pictures? Then you need to read this .
They say a picture is worth a thousand words, and with the rise of social media weve become used to a highly visual Instagram marketing style to promote all kinds of products and services. With the vast resources available on Google its as simple as doing an image search, then copying and pasting straight onto your clinic website, blog, Twitter or marketing materials right? WRONG image copyrights can present real a minefield, so heres how to ensure your marketing wont land you in a sticky legal situation!
When it comes to imagery and visual marketing, the most common pitfalls are the improper use of copyrighted images on business tweets, blogs and websites and the illegal reproduction of media coverage in print titles
Copyright works by protecting the authors of original work, giving them the right to control the way their work is reproduced and to charge for permission to do so. Unlike trademarks and patents, copyright is automatic and doesnt require the filing of special paperwork. The copyright owner has a number of rights which include the right to reproduce the work, the right to derivatives of the work, the right to distribute and the right to display publicly.
Copyright infringement occurs when some or all of these rights are affected by someone other than the copyright holder (i.e. the person who has taken or created an original image) copying the expression of the work. This means that the copy is substantially similar to the original and breach of these rights may result in the removal of your blog post, removal of the entire blog or website, and even lawsuits.
There are limited circumstances where you can use the copyrighted work of others, which are defined under Fair Use legislation. This could include using the work for research and study, instruction, critique or review, news reporting and so on. However, this is more relevant for written work, rather than imagery so I would recommend focusing on the details below about keeping your image use compliant!
Reproducing Media Coverage
Believe it or not, if you have secured some fantastic coverage in a newspaper or magazine, you cannot reproduce the full imagery or article on your website or social media channels, as this violates the original source copyright. To reproduce press coverage for marketing purposes, you need to purchase a one-off usage fee or annual licence from the Newspaper Licensing Agency (NLA). Rather than having to liaise with every individual publication for licenses and permissions, the NLA acts as a one stop shop covering over 1,350 national, regional and foreign newspapers, over 2000 magazines and 1,100 + newspaper websites.[1] Taking a photograph of the article is also a big no-no: if the coverage is in an online publication, you can usually include the link to the coverage on your website for free, but it is always worth a call to the publication or the NLA to make sure your planned image use is all above board.
Another way of showcasing your media coverage could be the As Seen In approach: by including the logo or header of the publication on your website or marketing channels (using the proper copyright permissions and attributions see how below) and linking directly to the source website. Just bear in mind that this will be steering traffic away from your website or social media channels, which may not be ideal in the long run!
The Top 5 Copyright Myths[2]
Everything on the Internet is Public Domain and free to use
Just because it is publicly accessible does not mean that it is free to use. Copyrights may still apply- make sure you check!
Anything without a © is not protected
Copyright applies whether there is a notice or not
If I alter an image, I can claim it as my own
Copying or adapting someone elses work is still a breach of their copyright. You can be inspired by others, but the safest bet is to either create your own unique image, pay for a stock photo licence or seek the permission of the rights owner (you should expect to pay a fee and/or royalties for this)
Its OK if I dont make any money from copying an image or work
No, anything without the permission of the copyright owner is still an infringement and could result in legal action (except under specific fair use terms)
But theyll never find out
All the copyright holder has to do is use a pingback server or do a Google image search which will lead them right to your site
Not worth the risk!
In court, copyright actually requires a lower burden of proof as it is principally governed by civil, not criminal law.
How to Search for Approved Imagery
So how do you stay on the right side of the law when it comes to using other peoples images? When searching, check for these symbols as they will indicate the level of copyright protection on the images:
Copyright: The holder reserves all rights provided by copyright law. You CAN use this if it is considered Fair Use or if you seek the copyright holders permission.
Creative Commons: Creative commons licenses are public licenses that allow creators to have some control over how their material is used, while still offering it freely to the general public. Restrictions may include a simple attribution link or a stipulation against usage for commercial purposes. Always ensure you read the licenses carefully before using any images and include a clear attribution.
Public Domain Creator has waived all rights. The material can be copied, modified, and distributed freely, even for commercial purposes.
First and foremost, if there is an image you are particularly keen on just ask the copyright holders permission! You will need to provide clear information on where and how you plan to use the image, but this is the easiest way to ensure you dont get any nasty surprises later on. If youre Googling for images to use in your marketing, the search box allows you to search by usage rights which is a good place to start.
Secondly, you can find creative commons images through image-sharing sites like Flickr (you need to select Creative Commons in the search box) or by searching the Creative Commons site itself, (search.creativecommons.org) which has a vast array of images across multiple sources. Alternatively, you can use a stock photography website like Getty, Shutterstock and iStock where individual images can be purchased for a small fee (or use annual memberships for a fixed number of downloads.) Again, read the providers terms of use carefully and always ensure your images are properly accredited.
How to Properly Attribute Images
Whichever resource you use to source imagery, one of the best ways to protect yourself against copyright violations is to include proper attribution to the image. At the very least, you need to include the original author and source and if possible also include the original image title and embedded links to the authors profile page and the original source page. For Creative Commons images, you should also provide a link to the license deed.
An easy way to do this for online images is to include the original author, title and source in the image alt tag or title tag when uploading to your blog, tweet or website. The information will appear when the mouse is hovered over the image. You can also capture this in a caption or note at the bottom of the post or page.
In Summary: The Golden Rules!
When it comes to using images to enhance your clinic marketing, the Golden Rules are simple:
Ensure the images you use are legal this includes paying for licenses where appropriate
Secure permission BEFORE publication either directly with the copyright owner, or by purchasing a license through a stock image service
Always include proper attribution include the authors name and link to their profile or the original image source
Hope this was insightful! Do check out my blog, Twitter and Facebook for more useful tips on PR and marketing!
Julia Signature
References
[1] Newspaper Licensing Agency What We Do. Available from http://www.nlamediaaccess.com/default.aspx?tabid=127 (accessed 11.07.16)
[2] Adapted from the UK Copyright Service. Available from https://www.copyrightservice.co.uk/copyright/copyright_myths (Accessed 08.07.16)
Article originally published in Aesthetic Medicine, September 2016