Protecting

Your Content:
A Guide
 Contents
6 Protecting Your Content: An Introduction

7 All about Copyright

What is Copyright? 8
Rights of the Copyright Owner 9
How Do I Figure out the Line between Inspiration and Infringement? 11
What Does My U.S Copyright Mean in Other Countries? 16
International Copyright Offices (Websites) 17
Copyright and Your Shutterstock Account 18

19 What You Need to Know about Licensing

What Happens to My Copyright When I License My Content? 21
What Permissions Do I Give to Shutterstock to License My Content? 22
How Does Licensing Work at Shutterstock? 23
What Rights Am I Licensing to My Content through Shutterstock? 24
A Comparison of Allowed Uses Between Shutterstocks
Standard and Enhanced Licenses 25

27 Protecting Your Copyright

Registering Your Copyright 28
How to Register Your Copyright in the U.S: An Overview 29
A Quick Overview of Registering Your Work Online 32
38 Copyright Infringement
How Do I Know If My Work Is Being Infringed? 39
Common Types of Infringement 40
What to Do If Someone Is Infringing Your Work 42
What If I See a Watermarked Version of My Image on a Website? 43
What If Someone Is Incorporating Elements of My
Work into Their Own Work Without My Permission? 46
What If I Think Someone Has a License to My Image, but Is Misusing the Image? 47
Considerations for Sharing Content on Social Media Sites 49
Is It Safe to Market and Advertise My Content on Social Media Sites? 50
How to Avoid Infringing Others Rights 53

55 Trademarks
What Is a Trademark? 56
Can I Submit an Image Containing a Visible Trademark to Shutterstock? 57

60 Releases
Model Releases 61
Property Releases 64

67 Editorial Images
What Is an Editorial Image? 68
Documentary Images vs. Illustrative Images 69
Documentary Images 70
Ethical Considerations for Documentary Images 71
Illustrative Images 72
Why Do You Need Credentials? 75
When Do You Need Credentials? 76
Submitting Credentials with Your Images 78

Captions and Keywords for Editorial Content 79

Creating a Caption 80
Glossary of Terms to Know 81
Resources 82
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A Quick Overview
1 Copyright
Copyright gives the author(s) of a creative work the
exclusive right to display, reproduce, distribute, and financially
benefit from the work they create.
Although being inspired by an idea is acceptable, it is never acceptable to
copy someone elses expression of an idea.
A copyright to an original work exists the moment the work is fixed in a
medium. However, registering the copyright provides several advantages.
If you believe your copyright is being infringed, sending a takedown notice
may be effective. An attorney may be able to advise you on further steps.
3 Releases
A release is a legal document that releases the shooter
and/or users of their content from certain legal issues. The
most common types of releases are model and property
releases.
If content depicts an identifiable person, you should obtain a valid
model release to use the content commercially.
If you are shooting on private property, or shooting private property
which is distinctive from a public place, be sure to obtain a property
release from an authorized representative of the property.
2 Trademark
A trademark is a word, name, symbol, or device or a
combination of these things that is used to distinguish
and identify the source of certain products or services.
Content featuring a visible trademark may not be acceptable for
commercial use as it could potentially be used in a way which may
result in trademark infringement.
If you create or shoot content featuring a visible trademark,
consider blurring the trademark out so that the image can be
used commercially.
4 Editorial
Editorial content cannot be used to advertise or
promote a product or service. The people, objects or
places in editorial content are not released.
Editorial content can be used to illustrate newsworthy
and current events.
Editorial content shot at events at private venues and/or
ticketed events may require credentials as these events may
have restrictions against photography.
Protecting Your Content:
An Introduction
One of our biggest goals here at Shutterstock is to foster a
safe environment for you to license your content to third parties.
The evolution of the stock industry has been an exciting and
dynamic one, and we want to make sure that you are equipped
with the information you need to protect your content as the
digital marketplace expands.

To that end, we have created this guide so that you can

learn more about your rights as an artist, and what you can do
to protect these rights.

While the information contained in this guide is not intended

to be legal advice, we hope that this guide helps empower you
to make informed decisions regarding your content.
All About
Copyright
What Is Copyright?
Copyright is a form of legal protection that gives the author of an
original, creative work certain exclusive rights to use their work.

What can be copyrighted?

Any original work of authorship fixed in a tangible medium
may be protected by copyright.

What is original?
For a work to be considered original:

1 The work must be independently created by the author; and

2 The work has some degree of creativity.

Not Copyrightable Copyrightable

An original expression
A concept or idea
of a concept or idea

An original work,
An event such as a photograph,
depicting the event

A method An original work created

(such as cropping, editing, etc.) by using the method
Rights of the Copyright Owner
In the U.S., if you own a copyright, you own 6 exclusive rights to your work:

The Rights You Own Description Example

1 RIGHT TO REPRODUCE A reproduction is a copy of

the original work
A scan of an original work

Creating a sketch of an existing painting

2 RIGHT TO CREATE A DERIVATIVE
A derivative work is a variation or
transformation of a preexisting work
Creating a silhouette created from a
photograph

3 RIGHT TO DISTRIBUTE
The right to distribute a work includes the
right to sell, transfer, rent or lease the work
Selling prints or posters of a photograph

4 RIGHT TO PERFORM PUBLICLY

The right to perform a work
before a public audience
Performing a choreographed dance
before an audience at a ticketed event

5 RIGHT TO DISPLAY PUBLICLY

The right to publicly display work to
a public audience.
Displaying a photograph on a website

6 RIGHT TO PERFORM PUBLICLY

(VIA DIGITAL AUDIO TRANSMISSION)
The right to perform a sound recording
to a public audience
Playing a song on an internet radio service

Other countries may recognize some or all of these rights, or additional rights not contemplated by U.S. law.
For more information, please visit the appropriate copyright office website.
 Who Owns the
Copyright When . . .?
Generally, the author of an original work owns
the copyright to such work. However, there are
several situations that affect copyright ownership.
Here are some examples:

1 Generally, the author of an original work

owns the copyright to that work.

2 A copyright may pass to the heir or beneficiary of a

copyright owner.

If an author creates an original work in the course of

3 employment, then the employer owns the copyright to the work.

The work, in this situation, is called a work-for-hire.

4 The owner of a copyright may assign ownership of the

copyright to another person or entity.

If an author creates an original work along with another

5 person, the author may have joint copyright ownership
with the other person.

A copyrighted work may enter the public domain after a

6 certain period of time. Generally, a work will pass into the
public domain 70 years after the death of the author.
How Do I Figure out the
Line between Inspiration
and Infringement?
Always create your own original work. Avoid copying partial or
entire elements of someone elses work.

You can find inspiration in the world around you for example, in
social media, the news, and popular cultural trends. However, you
should always avoid excessive inspiration from another persons
work. For more ideas , check out the What to Create section of
our Contributor Success guide, here. To learn more about trends
and customer requests, follow @ShutterstockReq on Twitter.

The important thing to keep in mind is that an expression of an idea,

not the idea itself, is subject to copyright protection.

So, it is acceptable to create a work that contains the same idea or

theme as someone elses work. For example, if you learn that nautical
themed images are selling well, then it is acceptable to create and
submit your own images using nautical themes.

But, it is never acceptable to copy another persons expression of the

same idea or theme. This means you should never copy elements,
parts of elements, and/or the composition of another persons image
and submit it as your own.

There is no magic formula to how much you can be inspired by

another persons work before inspiration becomes copyright
infringement. To avoid possible infringement, it is in your interest to
create artwork with your own original elements and composition.
Example 1: Same ideas, different expressions
This is an example of two images that have the same idea: a person in professional clothing pointing
to a light bulb. Although both images encompass a similar idea, the way they express that idea is
sufficiently different from one another that one image would likely not be considered an infringement
of the other. For example, the background colors, the featured individuals, the pose of the featured
individuals and the overall composition of the images are considerably different from one another.
Example 2: Same ideas, different expressions
Here is an example of two vector images that have the same idea nautical themed labels containing nautical phrases.

Both images encompass a similar idea, but the expressions are sufficiently different
that one would probably not be considered an infringement of the other.

Though the labels in each image convey a nautical theme, no two labels between the two
images have the same composition (differences include shape, size and fill).
Example 3: Copied elements
Here is an example of two images where one image is too closely inspired by the other.

Although these two images have a different look overall, some of the elements
(specifically, the owls in each image) are almost identical expressions to one another.

It is never acceptable to incorporate elements of another person's work into your own
work in this manner without permission.
Example 4: Copied elements
Here is an example where an image is used to create a derivative work. Only the owner
of the original image has the right to create a derivative work of the original image.

It is never permissible to create a vector or illustration using someone elses image without
their permission. This would be an unauthorized derivative of the original. The right to
create this kind of work belongs only to the copyright holder of the original work.
What Does My Copyright
Mean in Other Countries?
So, you own a copyright to your work in your country.
But what if someone in another country is using your work
without your permission?

You may be surprised to learn that other countries may recognize the
copyright to your work in your country to the same extent as the
country would recognize the copyright of their own nationals, if both
countries are signatories to the Berne Convention (an international
treaty). It is important to know that this does not mean that your
copyright is international. Rather, a signatory country will treat your
copyright ownership the same way it would under their own laws.

Countries that are signatories to the Berne Convention are required

to have certain enforcement procedures against intellectual property
infringement. The Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS) outlines these provisions, and they include
conservatory measures, civil remedies, and criminal sanctions.

In order to learn more about how you can enforce your copyright
abroad, please contact your attorney.
International
Copyright Offices
(websites)
Australia Romania
ag.gov.au orda.ro

Korea Germany
mcst.go.kr bmj.de

Brazil Russia
cultura.gov.br rupto.ru

Malaysia India
myipo.gov.my copyright.gov.in

Canada Thailand
cipo.ic.gc.ca ipthailand.go.th

Mexico Indonesia
indautor.gob.mx dgip.go.id

China Turkey
ncac.gov.cn kulturturizm.gov.tr

Pakistan Italy
ipo.gov.pk librari.beniculturali.it

Czech Republic Ukraine

mkcr.cz uacrr.kiev.ua

Philippines Japan
ipophil.gov.ph bunka.go.jp

France United Kingdom

culturecommunication.gouv.fr ipo.gov.uk

For a comprehensive list of international copyright offices,

please refer to wipo.int/directory/en/urls.jsp
Copyright and Your
Shutterstock Account
As a Shutterstock contributor, you must own or control
the copyright to all content you submit to Shutterstock.

In order to keep your copyright ownership clear, here are

some guidelines to follow with your Shutterstock account:

Do not share accounts. If you would like to share an

account with a spouse or family member, or open a
business account, please contact us at
submit@shutterstock.com.

Do not open an account in the name of another individual

in order to bypass Shutterstocks ID requirements.

Do not share your content with another account holder.

If you are unclear about how you should set up your

Shutterstock account, or the type of content you may submit
to Shutterstock, contact us at submit@shutterstock.com.
We will be able to help you with your account and prevent
potential issues in the future.
What You
Need to Know
About Licensing
What is a License?
A license is an agreement where the copyright
owner of a work agrees to let another party use the
work for certain purposes. A license does not
transfer the copyright, but instead, gives the licensee
permission to use content in specific ways. Through
a license, a copyright owner may give a licensee
permission to use all or some of the copyright owners
exclusive rights. The copyright holder may license
content for a fee to the licensee, or may license the
content for free.

For example, if a company wants to use an image in an

advertisement, the company would obtain a license from
the images copyright owner that would give the company
permission to use the image in the advertisement.

Although the copyright holder would be giving the

company permission to use the image, the copyright
holder would still own the copyright to the work. The
copyright owner could give permission to the company
to use the image with or without a fee.
 What Happens to my
Copyright When
I License My Content?
If you are using a media licensor (agency, stock website,
etc.) to license your content to customers, two things
must happen:

You must give the media licensor permission to license

your content to third parties.

1 The licensor obtains your permission through an agreement between you

and the licensor, for instance, Shutterstocks Submitter Terms of Service.

By such agreement, you give the licensor permission to

license your content to third parties, to the extent permitted by the
agreement.

The licensor then licenses your content to customers according to a

license which controls the customers right to use your
content.

Agencies and other websites may have examples of licenses publicly

2 available for viewing. These licenses can give you an idea of how your
content may be used by the customer.

The important thing to remember is that licensing your content

does not mean that you are transferring your copyright to a
third party. Rather, licensing allows you to retain ownership to
your copyright while giving permission to other parties to use
your content.
What Permissions Do I
Give to Shutterstock to
License My Content?
The Shutterstock Submitter Terms of Service outlines the
agreement you have with Shutterstock to license content
on your behalf.

If you havent already, please be sure to read the Submitter

Terms of Service, available at
http://submit.shutterstock.com/tostos.mhtml, to
understand the rights and obligations that control
your relationship with Shutterstock.

Here are some key points about content you submit to

Shutterstock:
You retain all copyright ownership to the content you submit
to Shutterstock.
You give Shutterstock permission to reproduce, prepare
derivative works incorporating, publicly display, market,
sublicense and sell any Submitted Content uploaded by you
and accepted by Shutterstock. Shutterstock uses these rights
to display, market, and license your content through the
Shutterstock website to customers.
You do not have to license your images exclusively through
Shutterstock. This means you can also upload your content
to other stock agencies or websites for licensing.
You give Shutterstock permission to advertise and/or
market your Content on social media platforms.
Shutterstock will pay you a royalty for each unique download
of your content by a customer.
How Does Licensing
Work at Shutterstock?

2 4
The contributors
Shutterstock licenses royalties increase once
contributors content the contributor reaches
to customers certain levels of earnings

1
Contributor
submits content
to Shutterstock
3
Contributor receives
royalties from customers'
payments for licenses to
use contributor's
content
 What Rights Am I Licensing
through Shutterstock?
Shutterstock licenses your content to customers under
a Standard license, Enhanced license or other customized
license (e.g., Premier license).

The 2 key differences between the Standard and Enhanced licenses are:

1 The Standard license limits total distribution to fewer than 250,000

reproductions (or to a total audience of less than 250,000 people)

2 The Enhanced license permits the use of your content on

merchandise for resale.

For example, if a customer wants to reproduce or use an image for both

opt-in marketing and on business cards, they can only reproduce or use
the image a total of 250,000 times under the Standard License.

Under the Standard License, the customer can use an image 125,000
times in opt-in marketing, and 125,000 times for business cards
(or any other variation where the combined uses would not exceed
250,000 total reproductions and/or uses).

However, to reproduce or use an image more than 250,000 times,

or to use content on merchandise for resale, the customer needs an
Enhanced license.
Here are some key differences between
Shutterstocks Standard and Enhanced licenses.
Please note that this chart is not a substitute for reading the licenses in their entirety.

Permitted Use Standard Enhanced Notes

Websites YES YES

In print media, digital media, product packaging and

software including magazines, newspapers, books
(including print-on-demand books), e-books,
advertising collateral, letterhead, business cards,
product labels, CD and DVD cover art, applications
(including mobile "apps"), and opt-in e-mail marketing
*Standard: Image may not be reproduced more than 250,000 times,
YES* YES cannot be readily unincorporated from such digital media or software
Enhanced: no limit on number of reproductions, cannot be readily
unincorporated from such digital media or software

Incorporated into film, video, multimedia *Standard: intended audience under 250,000
presentations, or advertising for broadcast, public YES* YES
Enhanced: no limitation on audience size.
performance, streaming

*Standard: manufacturing / duplication run may not exceed 250,000

Incorporated into print or digital material
intended for public display, including trade show YES*
booths or point of sale materials
copies in the aggregate; excludes Out of Home advertising
YES
Enhanced: no limitation on manufacturing / duplication run; permits
Out of Home advertising

For decorative purposes solely for your own personal,

non-commercial use, not for resale, download or YES YES
distribution, or any other commercial use

Incorporated in merchandise for resale or

distribution, including without limitation, computers,
NO YES
computer peripherals, clothing, artwork, magnets,
posters, and online and paper greeting cards
Here are some key license restrictions in both
Shutterstocks Standard and Enhanced licenses.
Please note that this chart is not a substitute for reading the licenses in their entirety.

Uses Prohibited by Both Licenses Permitted Use?

Make images available on a digital asset management system, shared drive or the like for the purposes of sharing or transferring such images NO

Resell, redistribute, provide access to, share or transfer any image except as specifically provided for by license under which
the image was downloaded NO

Publicly display an image: (a) as a standalone file in any digital format on the internet; or (b) in any digital format without imposing
technical or written restrictions intended to prevent the use of such images by third parties NO

Use or display any Image on websites or in connection with any service designed to sell or induce sales of user-customized "print on
demand" products of any kind using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, NO
giclee prints, wallpaper, artwork and other items

Use of an Image together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes
upon any third party's trademark or intellectual property NO

Use an Image in a way that depicts any person therein in a way that a reasonable person might find offensive - this includes, but is not
limited to the use of Images: a) in pornography, "adult videos" or the like; b) in ads for tobacco products; c) in ads or promotional materials
for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in
advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products or services, including, but not NO
limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and f) uses that are
defamatory, or contain otherwise unlawful, offensive or immoral content. Use an Image containing the likeness of a person if such use
implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition.

Use any Image on a social media platform or other third party website that claims to acquire rights in the Image NO

Use any Image (in whole or in part) as a trademark, service mark, logo, or other indication of origin NO
 Protecting
Your Copyright
Registering
Your Copyright
In the U.S. , copyright protection exists for
an original work once it is created in a fixed form.
You do not need to register a copyright to your work
for copyright protection, but copyright registration
does offer certain advantages.

Some advantages include:

For U.S. works, registration is necessary for a copyright

infringement suit to be filed in court.

Registration creates a public record of your copyright.

This may be helpful for a number of reasons. One
example is that it can help you prove your copyright
ownership to a work if there is a dispute over the work.
Copyright registration may also be useful in preventing
your work from being considered an orphan work.

Copyright registration may help establish evidence in

court of the validity of your copyright.

Statutory damages and attorneys fees may be available

to the copyright owner in a court action (as opposed to
only an award of actual damages and profits).
How to Register Your
Copyright in the U.S.
An Overview

1 File an application for copyright registration

with the Copyright Office
By mail (http://www.copyright.gov/forms/formva.pdf); or
By the Copyright Offices online registration system, eCO
(https://eco.copyright.gov).

2 Pay the non-refundable registration fee

For mail filings, the fee is $65.
For eCO filings, the fee is $35.

3 Provide a deposit(s) (a copy of the work(s)

being registered).
For mail filings, you will have to send a hard copy of the
works to the Copyright Office.
For eCO filings, you may upload the works through the eCO
system (or mail the work in by hard copy, if necessary).
 Save Time and Money:
Registering Multiple
Works Electronically
The Copyright Office allows you to register multiple
works in a single application (with a single filing fee).
This is useful to know because it can help save you
time and money registering your works.

In order to register multiple works under one

application, the works have to meet either of
these requirements:

The works are all by the same author, all owned

1 by the person registering the works, and are all
unpublished works

OR

2 The works are all published by the same

person registering the works.
What Is the Difference
between a Published and
Unpublished Work?
Under the Copyright Act, Publication is the distribution of copies
[] of a work to the public by sale or other transfer of ownership,
or by rental, lease, or lending. The offering to distribute copies []
to a group of persons for purposes of further distribution, public
performance, or public display constitutes publication."

On the other hand, an unpublished work is a work that has not been
distributed by sale, transfer, rental, lease, or lending, or which is not
offered for further distribution, performance or public display.

Although the status of your work as published or unpublished is

highly dependent on a number of factors, here are some examples
you can follow:

Published
Lending a work for display in a museum exhibit
Submitting content to a stock agency for display and/or distribution

Unpublished
A work posted to a private website for personal viewing
A drawing in a personal sketchbook that has not been offered
for any other uses
A Quick Overview of Registering Your Work Online
Once you are registered for an account on eCO and log in, this is the main page you will see. In order to register your
copyrighted work or works, click on Register a New Claim under the Copyright Registration bar to the left of the page:
You will then be prompted to answer a few questions to start filling out the application.
Please note that you have the option of registering one work or multiple works.
You will then be directed to a page (regardless of whether you are registering one or multiple works) that shows all the sections
of the application on the left. You will know what page you are working on by looking at the red arrow on the left of the page.

For example, below is the first page of the application: Type of Work. Using the dropdown on the bottom of the page, you would choose
the type of work or works you are registering. The left side of the page shows a red arrow on the page Type of Work to indicate that is the
page you are working on.
After pressing Continue, the next page is Titles. Below is what the Titles page looks like if you are only registering one work.
The title of the work is entered into the box we have outlined in red, below.

If you are registering multiple works, you must create a new entry for each work, and they will appear in list format at the bottom of the page,
as indicated by the arrows below.
Once all of the pages of the application have been filled out, an application will be generated for you that looks something like the below image. Notice
that each of the sections on the left of the screen constitute different parts of the copyright application. Once you submit your copyright registration,
you will be prompted to pay for your copyright application(s).
Some Tips for
Registering Multiple
Works Electronically
Registering multiple works does not need to be time
consuming. You can save time by regularly saving batches of
work and scheduling dates to register them electronically.

For example, lets say that you decide to register your works every 4
months. During those 4 months, you can save the files of all work you
wish to register onto a folder on your computer. Be sure to save the
files in a format that meets the Copyright Offices requirements:

The format of the file you wish to upload must be

one of the types listed here:
http://www.copyright.gov/eco/help-file-types.html

You have a 60 minute upload time before the session times

out, which may limit the size of files you can upload. It is
recommended that you compress files by converting them to
ZIP format so that you can upload your files more easily within
this time frame.

When it comes time to register your works, you should easily be

able to upload these files with your application. For more information
about uploading electronic files with your copyright registration in
eCO, please see: http://www.copyright.gov/eco/faq.html

For more detailed information on how to register your copyright,

please go to copyright.gov.
 Copyright
Infringement
How Do I Know if My
Work is Being Infringed?
Licensing content in a digital marketplace opens up far
more opportunities for your work than ever before.
The obvious downside, of course, is that your work is also
more exposed to the risk of being misused. What can you
do to monitor uses of your content and enforce your rights?

Monitor your content with reverse image search

You can find uses of your content on the internet by using a

reverse image search tool. These search tools compare a
particular image to others on the internet, and attempt to find
images that match the original.

Two such reverse image search websites that can help you
monitor the use of your images on the internet are TinEye and
Google Image Search. Use these web sites to search for visually
similar images on the internet. Review the search results to see if
your images are being used with permission and in accordance
with any applicable licenses.
 Common Types of Infringement
Here are two common ways your work could be misused online.

1 Unauthorized use by someone who has not purchased a license to use your work

The most obvious example of unauthorized use of your work is when someone uses your
watermarked image.

Some other signs that your work is being used without a license include: 1) a blur on the image
where a watermark would be; 2) a very low resolution or poor quality version of your images; and/
or 3) a version of your image which is cropped in a way to remove the watermark.

Another example of unauthorized use of your work is where another individual takes copyrightable
elements of your work, or your work in its entirety, and incorporates it into their own work without
your permission. To determine whether someone is incorporating your work into their own, look
out for your elements being copied in their entirety.

2 License misuse

License misuse is when someone has validly purchased a license to use your content, but is using
your content in a way that the license does not allow.

In order to know whether a license is being misused, make sure that you understand the licenses
offered in connection with your content.

For example, lets say that you know that you are only licensing your work through agencies which
do not allow customers to use licensed content on merchandise. If you find a website selling
merchandise featuring your content, you can easily determine that the website is likely misusing a
license purchased for your content.
Could the unauthorized
use of your image be
allowed anyways?
Even if you find that someone is using your image
without your permission, that persons use of your image
may not infringe your copyright because of a doctrine
called fair use.

Fair use is a defense to a claim of copyright infringement. The

fair use defense has been typically raised in cases where the
use of the copyrighted work involved commentary, criticism,
news reporting, research, and education.

In the U.S., four factors are generally evaluated to determine

whether a use is fair use: 1) the purpose and nature of the use
(including whether the use is commercial or for non-profit
educational purposes); 2) the nature of the copyrighted work;
3) the amount and substantiality of the portion used in relation
to the entire work; and 4) the effect of the use on the potential
market for or value of the copyrighted work.

The question of whether use of an image can be considered

fair use is therefore highly fact dependent. However, these
factors are important to keep in mind when evaluating whether
someone is using your work without permission, as they may
have a fair use defense.

For more information, see Fair Use.

What to Do if Someone
is Infringing Your Work
So, youve come across one of your images on the internet,
and believe that the person or entity using the image is doing
so without your permission. What can you do?
 What If I See a Watermarked Version
of My Image on a Website?
Is your content hosted by an online service provider?

1 Online Service Providers

A service provider is a website, internet host or service that publishes or transmits content
uploaded by users and/or customers. The Digital Millennium Copyright Act (DMCA)
protects service providers from becoming liable for the independent acts of their users.

In order for service providers to benefit from this immunity, they need to promptly take
down content after receiving notice of a claimed infringement.

Some examples of service providers include social media sites such as

Facebook.com, Twitter.com and Pinterest.com. Other examples include sites
where content may be uploaded, such as YouTube.com, or file sharing sites
such as rapidgator.net. Some online marketplaces are also considered to be
service providers; for example, eBay.com, Amazon.com, and Etsy.com.

If a user has posted your watermarked content to a service provider, sending a takedown
notice to that service provider should result in prompt removal of the image.

However, be aware that you must be sure that the use is unlicensed before sending a
takedown notice, and you must comply with the requirements of sending a proper
takedown notice.
Requirements for a DMCA Notice

When sending a takedown notice to a service provider,

you must include all of the following:

A physical or electronic signature of a person authorized to act on

1 behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed,

2 or, if multiple copyrighted works at a single online site are covered by
a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the

subject of infringing activity and that is to be removed or access to which
3 is to be disabled, and information reasonably sufficient to permit the
service provider to locate the material.

Information reasonably sufficient to permit the service provider to

contact the complaining party, such as an address, telephone number,
4 and, if available, an electronic mail address at which the complaining
party may be contacted.

A statement that the complaining party has a good faith belief that
5 use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and

6 under penalty of perjury, that the complaining party is authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed.

In order to be safeguarded from liability, the service provider must act

expeditiously to remove, or disable access to, the potentially infringing content.

Please note that this is just an overview of the DMCA. You should
consult your attorney for more information. Click here for the full
text to the DMCA, which includes the references made above.
2 Non-Service Providers

If your watermarked image is being used on a website that is

not a service provider, such as a companys own website or a
personal blog, the DMCA does not apply.

In this situation, you may contact the owner of the website

directly to seek a resolution. You may be able to find contact
information for the website owner on the website itself. Or,
you can conduct a WHOIS search to find contact information
for the owner of the sites domain name.

Once you find contact information for the website owner, you
have several options.

One solution is to direct the website owner to purchase your

image on a site where it is available for licensing. Or, you can
simply ask the website owner to remove your image.

If the owner of the website does not comply with your request,
your attorney can help advise you on possible next steps.
 What If Someone Is Incorporating
Elements of My Work into Their
Own Work without My Permission?
1 Online Service Providers
If the work in question is being hosted by a service provider, and you believe your work is
being copied without your permission, you can send a DMCA notice to the service provider
as described here.

2 Non-Service Providers
If the work is not being hosted by a service provider for example, an element of
your work is being used by another artist online you can contact the artist directly
to seek a resolution.

If you believe elements of your work are being copied by another Shutterstock contributor
without your permission, you should first try to contact the Shutterstock contributor to
resolve the issue.

If you cannot reach a resolution with the allegedly infringing contributor, please contact
us at infringementclaims@shutterstock.com with the following information:

Shutterstock image ID number(s) to the image(s) which are allegedly

1 infringing your work (please do not send a link/URL, just the ID number);

Information about the images you believe are original, such as the Shutterstock ID
2 number, or if they are not on Shutterstock, direct links to the images
and/or intellectual property registrations; and

Any information which leads you to believe the allegedly infringing image is copying
3 elements of your work (be sure to be specific about which elements are at issue).

We investigate every claim we receive, taking action as deemed appropriate.

What If I Think
Someone Has a License
to My Image, but Is
Misusing the Image?
License misuse can occur in a variety of ways.
On one end of the spectrum are misuses such as
using content at a resolution which is not allowed.
At the other end of the spectrum, misuse can be
offering your content for download or sale without
your permission.
Get as much information as possible

If you believe one of your images is being used in violation of a license,

try to determine the most likely source of the license.

You may use the date the content was first used or displayed to narrow down
possible licenses. For content on the internet, look for the approximate post date.
Or, utilize a website like WayBack Machine to determine the first date the image
was used or displayed.

From there, you should be able to narrow the list of sources which may have
issued the license to the image.

If you think the license was purchased from Shutterstock, please contact us at
compliance@shutterstock.com

We take license misuse very seriously, and will investigate whether the user
of your image is a Shutterstock customer, as well as take further action as
deemed appropriate.

In order to expedite the resolution of potential misuse, please write in with the
following information:

1 Shutterstock image ID number(s) to image(s) you believe are being misused

(please do not send a link/URL, just the ID number);

2 The website or location where you believe the image(s) are being misused; and

Any information you possess which leads you to believe the image was
3 purchased from Shutterstock, as opposed to from another stock
website or agency.

Please note that while we will always do what we can, the person using your image
may have not obtained your image from Shutterstock. In this case, only the agency
that licensed the image may be able to help you, since Shutterstock cannot enforce
a license given to your image by a third party.
Considerations for
Sharing Content on
Social Media Sites
Social media sites such as Facebook, Instagram,
Tumblr and Twitter have drastically changed the
way we connect with one another, and also the
way we share content.

While social media sites can be useful for sharing

your content, it is important to read the user
agreement to these sites in order to understand
what rights you are licensing. It is common for social
media sites to obtain a broad set of rights to content
uploaded by the user in order for the site to use the
content as needed.

Below are some quick links to user agreements on

popular social media sites. It may also be useful to
read user licenses, when available, so that you know
how a social media site generally intends to license
your content to an end user.

Facebook Statement of Rights and Responsibilities

Instagram Terms of Use

Tumblr Terms of Service

Twitter Terms of Service

Pinterest Terms of Service

Is it Safe to Market and
Advertise my Content
on Social Media Sites?
Social media sites can be great tools for marketing and
advertising your content to others- but exposure may
put your content at risk for misuse. You want your
content to be highly visible, but not to the point where
the risk of misuse outweighs the benefit of exposure.

The big question is: Is it more beneficial to market your

content on a social media site, or does the potential of
misuse outweigh that?

Unfortunately, there is no yes or no answer to whether

you should market your content on social media sites, as it is
a highly personal decision. You may weigh the potential
benefits of marketing your content on social media sites
against potential risk of infringement to determine whether
the use of social media to market your content is right for
you. You may even determine that some social media sites
are better for your purposes than others.
 Here are some questions to ask yourself if you are
considering marketing your content through a social
media site:

What are the potential benefits?

What benefits do you hope to gain by posting your content on a
1 social media site? Will posting your content effectively advertise
your content? Will obtaining greater visibility for your content be
helpful for your purposes?

What are the risks?

What are some disadvantages to posting your content on a social

2 media site? How do you feel about the potential for others to
display, download, and use your content without your
permission? Are you comfortable with the ways the site is allowed
to license your content to third parties?

How do the benefits of marketing your content on social

media sites weigh against the potential risks?
Do you value the ability to market your content effectively above

3
preventing unauthorized use of content you post? Do you feel
comfortable about the rights you give to the social media site
under the applicable user agreement? Does the social media site
have an intellectual property policy that will help you protect your
content should unauthorized use occur?
What You Can Do To
Protect Content You Post
to Social Media Sites
Once you upload and display your content to a social media
site, you may be limited in your control over how your work is
used. With that in mind, the best time to take precautions
regarding your content is before you even share it. Here are
some suggestions:

Include a watermark on all content that you upload to a

social media site. The most effective watermarks will identify
you as the source of the image, and make it easy for
interested parties to contact you (especially if your
watermark includes a website or email address).

Upload low resolution copies of your content, as it will deter

others from potentially misusing your content. Remember:
even if you are uploading your content to a site that
automatically resizes the content for you, the original
version of your content may be searchable on internet
search engines. Therefore, if you only upload low resolutions
of your content, the potential for misuse may be reduced.

Link your name or professional website to your content

wherever you can. By doing so, you can increase the ability
for viewers of your content to determine the source.
How to
Avoid Infringing
Others Rights
Just as you wouldn't want someone to infringe your
intellectual property, it is important to make sure that
you are not infringing another persons rights either.

While it is the contributors responsibility to make sure

that he or she is not infringing another persons work,
Shutterstock has developed several policies in order to
prevent the licensing of potentially infringing content
through Shutterstock.

We believe these policies help protect our contributor

and customers and create a safe marketplace to
license content.
Here is an illustration of how some of our policies help
contribute to the integrity of Shutterstocks collection:

Content
with
integrity

Confirms Confirms no
contracts have Confirms consent Reduces risk
copyright
been violated by model or based on known
ownership to the
(i.e. limitations listed on event property owner issues
underlying work ticket or software license)

Model release
Property release Restricted Image rejections
Property releases Credentials for Limits on what kind with photographer,
Reference images signed by an subjects, as listed based on
for photographs private/ticketed of image software model and witness
for vectors authorized on the Known trademark and/or
of artwork events can be used information and
signatures individual Restrictions List copyright
Trademarks
What Is a Trademark?
A trademark is a word, name, symbol, or device or a
combination of these things that is used to distinguish
and identify the source of certain products or services.
An example of a trademark is a company logo or a design that
would be associated with a specific product or service.

Like copyright, there is no universal trademark law, and protections

vary by country. Generally, trademark law seeks to protect
identifiers of certain products or services so that there is no
confusion regarding their source. We do not accept images that
contain trademarks for commercial use, as they could potentially
be used in a way that is likely to cause confusion of the source of
certain products or services and may therefore unfairly infringe
on the trademark rights of others.

So, how can you avoid trademarks in your work? If a word, name,
symbol, or device in your image brings to mind a specific product or
service, then it may be protected by trademark. If your image
contains a trademark, you must remove the trademark from the
image before you submit it for commercial use (editorial use is still
acceptable).

For more information on trademark laws in the U.S., please see:

http://www.uspto.gov/trademarks/law/index.jsp
Can I Submit an
Image Containing a
Visible Trademark to
Shutterstock?
In order to prevent a misuse of a trademark or logo,
we do not accept images containing isolated or highly
visible trademarks or logos for commercial use.

Content that is designated for commercial use may be used

by our customers for commercial purposes, such as in
advertisements or product packaging. Therefore, Shutterstock
does not accept content that contains visible trademarks for
commercial use in order to prevent customers from inadvertently
infringing a trademark.

However, content that contains visible trademarks may be

submitted for editorial use, if it meets our editorial standards.
Shutterstocks licenses restricts customers use of editorial
content to editorial purposes, such as news reporting.
I took an image that I think Acceptable
for commercial use

would be great for commercial because the contributor

has blurred out the
trademarks. All billboard
use, but it has a visible art is the contributor's
own work, which was

trademark- what can I do? edited into the image

While images containing visible trademarks can always be Not acceptable

for commercial use
submitted for editorial use, they can be submitted for commercial use
because there are
if the trademarked elements have been edited out. several highly
visible trademarks
Here are some examples:
Acceptable
for commercial use
because there are no
visible trademarks Acceptable
for commercial
use because there
are no visible
trademarks

Not acceptable
for commercial
use because it
Not acceptable
features an Apple
for commercial
product with
use because
visible trademark
the Ferrari logo
is visible
When to Use
Trademarks as
Keywords
Trademarks should not be used as keywords for, or
in the title of, commercial images. Stick to
descriptive words about the image instead to help
customers locate your image.

Trademarks should only be used as keywords for

editorial images, or in the title of such images,
where the subject of the image actually relates to
the goods or services identified by the trademark.
Releases
Model Releases
If an image depicts an identifiable person , you must
submit a valid model release for the image to be licensed
for commercial use.

Why do model releases matter?

Model releases help protect both the photographer and
customer from any claims that may be brought by the model
due to the use of the models likeness. By obtaining a model
release, the photographer is given the right to use the models
likeness under the conditions laid out in the release.

Does it matter what kind of model release I use?

The answer to this question depends on how you will be using
or licensing the image featuring the model. The more restrictive
a model release is in relation to the photographers rights to
use the image, the less commercially viable that image will be,
as the image will be limited to certain uses.

If you intend to submit an image featuring a recognizable

model for licensing by a stock agency, it is important to
understand the requirements of each agency. It may be wise
to choose a release that will be acceptable by most or all
agencies, so that you do not need to obtain additional
releases or permissions.
What Kind of Releases
Will Shutterstock Accept?
We have recently expanded the types of releases
we will accept, including foreign language releases
(see the full list here).

We prefer Shutterstock releases, which are available

at the Shutterstock Legal Center in the below languages.

Chinese Japanese
Czech Korean
Dutch Polish
English Portuguese
French Russian
German Spanish
Hungarian Turkish
Italian

Editorial use
If you do not have a model release for recognizable person
or persons in content you wish to submit for commercial use,
then you may only submit such content for editorial use,
if the content meets our editorial standards.
When Do I Need a Model Release?
You need a model release for a commercial image where the image features a recognizable
individual. Even though parts of a person may not be visible, if the person might
be recognizable (due to accessories, clothing, etc.), then a release should be obtained.

Does not require a release Requires a release

Property Releases
When shooting on private property, it is important
to keep in mind that private property may be subject to
certain protections. Legal considerations related to
private property vary by jurisdiction, but some
considerations include claims of trespass, orders of a
congress or administrative agency, proprietary rights
to designs on the property, or restrictions against
shooting content upon admission.

If you are shooting on private property, or shooting private

property which is distinctive from a public place, be sure to
obtain a property release from an authorized representative
of the owner of the property in order to avoid issues with
licensing your content.

A property release signifies that the owner or authorized

representative of the property has given you permission to use
images or footage taken on the property for commercial use.
What Kind of Releases
Will Shutterstock Accept If
I Want to Submit Content
Taken on Private Property
for Commercial Use?
We have recently expanded the types of releases we will accept,
including foreign language releases (see the full list here).
We prefer Shutterstock releases, which are available at the
Shutterstock Legal Center in the below languages.

Chinese Japanese
Czech Korean
Dutch Polish
English Portuguese
French Russian
German Spanish
Hungarian Turkish
Italian

Editorial use
If you are unable to obtain a property release for content taken on
private property, then you may only submit such content for editorial
use, if the content meets our editorial standards.
When Do I Need a Property Release?
You need a property release to license an image for commercial use where the image is taken on private property,
or is taken on public property but features distinctive private property. Here are some examples of when a
property release would or would not be required.

Does not require a property release Requires a property release

Editorial
Images
What is an Editorial Image?
An image labeled as Editorial Use Only on Shutterstock
(an editorial image) is an image that cannot be used
to advertise or promote a product or service. The people,
objects or places in editorial images are not released.

An editorial image can be used to illustrate newsworthy and current

events. It can also be used to illustrate subjects of human interest,
including: the arts, business, culture, health and fitness, lifestyle,
social events, technology and travel.

We do not accept images for editorial use simply because they fail
to meet the criteria for commercial images. For example, we will not
automatically accept an image showing a recognizable person, but
which does not have a model release, for editorial use. Rather, an
editorial image should depict a specific subject that could be the
topic of a news story or piece of commentary.

What can an editorial image be used for?

An editorial image is limited to non-commercial uses.

Proper use of an editorial image includes using

the image to illustrate news, commentary or opinion in newspaper
or magazine articles, blog or website posts, or in non-commercial
multimedia presentations (such as film).
Documentary Images
vs. Illustrative Images
Shutterstock will accept editorial images that
fall under two categories:

1 Documentary images: Images that document an

event or subject of human interest

2 Illustrative images: Images that illustrate an event

or subject of human interest through staging

These two subtypes of editorial images illustrate

newsworthy and current events, and subjects of
human interest, in different ways. However, both types
of editorial images must faithfully depict the subject
and be accompanied by accurate titles and keywords.

Subject of Image Type of Editorial Image

Image taken of the Documentary image, because
aftermath of a it documents an event
natural disaster

A product shot Illustrative image, because

of a popular it does not document an
household appliance event, but illustrates a subject
of human interest

Image taken at a Documentary image, because

cultural parade it documents an event

Staged image of a Illustrative image, because

person drinking a it does not document event,
beverage of a but illustrates a subject of
well-known brand human interest
Documentary Images
Documentary images are images that capture a certain
event or subject of human interest. These images must
accurately and truthfully communicate the event or
subject. Although documentary images should be unaltered
where possible, technical enhancements to improve the
overall quality of the image itself are acceptable.

Examples:

This is a documentary image of a professional surfer catching a wave at Pipeline, Hawaii in

February 2009. This image captures the scene in an accurate and truthful matter. The image
was cropped to focus on the surfer and the power of the wave, but the cameraman on the
lower left was left untouched to honestly and accurately depict the scene.

This is a documentary image of Prince William and Kate Middleton riding in a

carriage to Buckingham Palace after their wedding on April 29, 2011 in England.
The image captures the event in an accurate or truthful matter. Minor edits, such
as cropping the image or adjusting the lighting would be acceptable.

This is a documentary image of New York firefighters near Ground Zero on September 11,
2001. This image captures the scene at Ground Zero on this date in an accurate and truthful
matter, as the image is an unaltered and un-manipulated photograph of the scene.
Ethical Considerations for Documentary Images
Since documentary images are used to illustrate newsworthy and current events, it is important that they be faithful
depictions of the subject being illustrated. Although minor edits to enhance documentary images may be acceptable,
it is never acceptable to alter them in a way that portrays a subject dishonestly. Additionally, captions for documentary
images should always accurately describe the image.

Here are some examples of acceptable and unacceptable practices when it comes to documentary images:

Acceptable Not Acceptable

Obtaining permission to take an image, or getting Paying the subject of a documentary image, or
access to take an image compensating the subject with other favors or gifts

Making reasonable technical enhancements to

Adding partial or entire elements (i.e., people or
an image (i.e. correcting color, exposure, white
objects) to an image
balance, saturation etc.)

Removing partial or entire elements (i.e., people

Removing dust spots from the image
or objects) from an image

Cropping an image to one part of the subject

Repositioning elements in an image
that was captured

Using the phrase circa in an editorial caption Using a caption which contains an incorrect date,
where the date is not known location, or description of an event or subject

Posing a subject for a portrait when the caption Staging or posing subjects in a way that would
clearly and conspicuously states that the subject mislead the viewer into thinking that the subject was
was posed captured in an unexpected or natural state
Illustrative Images
Illustrative images for editorial use are creative and/or conceptual
images that can be used to illustrate newsworthy or current events,
as well as subjects of human interest. Illustrative images must clearly
and strongly illustrate the idea behind the image. Unlike documentary
images, illustrative images may be staged.

We review these images on a case-by-case basis. We only accept illustrative

images that meet our quality standards, and which we believe would be useful
in illustrating news or subjects of human interest.

Please note that our needs for illustrative images change according to current
events and trends, and it is important to keep this in mind when submitting
illustrative editorial images.

General quality guidelines to keep in mind:

The concept of your image must be clear and the
image should easily convey the message.
The focus of the image should be sharp, and the focal point
should be appropriate for the concept.
The image should be free of excessive noise.
Image must be properly lit without harsh shadows
and/or highlights.
Products in product shots should be clean and properly stylized.
If the image contains a hand and/or model holding an object,
the hand and/or model should be stylized as well (hands and
nails must be clean).
The background of illustrative images should not be
distracting. They should not contain elements that visually
compete with the concept.
Examples:
This is an example of an illustrative image that may be used for editorial
purposes. Although the image is not a documentation of an event, it could
be used to illustrate news or commentary.
For example, it is easy to see this image being used in an article about
Apple, Steve Jobs, or technology.
Additionally, this image meets Shutterstocks quality standards. The
concept of the image is strong, and the focus of the image is sharp,
without any excessive noise, shadows, or highlights.
This is an example of an illustrative editorial image for editorial use that
effectively combines several different elements to create a coherent, clear
idea. This image does not document an event, but features a product
(a Starbucks beverage) next to an individual on a laptop.
This image could have many editorial uses, for example, in an article about
coffee, Starbucks, or working from home,
This image also meets Shutterstocks quality standards as the concept is
strong, the focus of the image is clear, and there are no other quality issues
(excessive noise, shadows, or highlights) with the image.
How to Create a Strong
Concept for Illustrative
Editorial Images
The key to submitting illustrative images for editorial use is that
each image must be useful in illustrating news, current events,
or subjects of human interest. Shooting images of signs or
labels is simply not enough to convey a strong idea or concept.

Rather, focus on a relevant theme or idea, and stage elements in

away that will strongly and clearly illustrate that theme or idea.

For example, the idea behind this illustrative editorial image is using
Visa online. This image stages two elements a Visa credit card and
a laptop computer in a manner that coherently and clearly conveys
the idea of using a Visa credit card online.

The idea is strong enough to see its use in an article or commentary

on Visa, online shopping, or online banking. Note that this image
could not be submitted for commercial use due to the Visa logo in
the image, but it would be acceptable for editorial use.

Additionally, this image meets Shutterstocks quality standards as the

focus of the image is clear, and there are no other quality issues
(excessive noise, shadows, or highlights) with the image.
Why Do You
Need Credentials?
Lets say you have taken some very good images of a
concert or sporting event. The images would be great for
editorial use because they capture an event that you think
would interest many people. How do you submit these
images to Shutterstock?

Submitted images that are taken at these types of events will

require proof of credentials before they are reviewed.
Credentials are proof that you are authorized to shoot the event.

The purpose of our credentials policy is to address contractual

concerns. It is common for a ticket to an event to state that
photography is prohibited. To ensure that you had permission
to shoot an event that may normally restrict photography, we
require proof of permission in the form of credentials.

Credentials are different from property releases because

property releases show that you are authorized to shoot on
private property and may license that image for commercial
use. Credentials also differ from model releases because model
releases show that you are authorized to shoot content
featuring a recognizable individual and may license that image
for commercial use.

Credentials, on the other hand, show that you are authorized

to shoot an event, and is limited to editorial content.
When Do You
Need Credentials?
Images or footage submitted for editorial use
that have been taken at the events listed below
require proof of credentials before they will be
reviewed, only if these events are taken at
private venues and/or require ticketed entry:

Sporting events (including those taken

at non-collegiate schools or recreational,
non-professional events)
Concerts
Festivals
Trade shows
Theatrical performances (including those
taken at school performances/theater)
Conventions
Openings
Ticketed events

Please note that images or footage taken at free

events in public places, or at events that do not
require a fee or a ticket, do not require credentials.
We evaluate these submissions on a case-by-case
basis and let you know if credentials are needed.
Here are some general situations
illustrating when credentials may be required.
However, the credentials requirement ultimately depends on the specific event.

Event Credentials Required?

Marathon No, if taken from public place

Bike race No, if taken from public place

Theatrical performance No
in a public park

Free sporting event Yes (stadiums tend to have strict rules regarding photography)
in a stadium

Gallery exhibit open Yes (a gallery is usually a private venue)

to the public

Basketball game Yes (they are usually ticketed events)

at a university

Baseball game in a public No

baseball field or park

Street fair or public festival No

Event in a religious No
place of worship

Horse race Yes (race tracks tend to have strict rules regarding photography)
 Submitting Credentials
with Your Images
Content requiring credentials will only be
accepted if the following credentials are provided:

A An event badge (a sticker will not suffice) that indicates your

authorization to shoot the event and includes the following information:

1 the name of the event;

2 the date of the event; and

3 your name (if possible)

OR

Correspondence (e.g., email, letter) with an authorized representative of

B the venue, performers management, or other authorized representative of

the event having the authority to grant you credentials to shoot the event.
Such correspondence must include the following information:

1 the name of the event;

2 the date of the event (if not, then the date of the email);

3 your name;

4 the authorized representatives name and company; and

5 the email must be sent from the representatives company email account.

We recognize that credentials will vary by event, and so we evaluate credentials
on a case-by-case basis. To submit images with credentials, please email
credentials@shutterstock.com prior to submitting your images or footage.
Captions and
Keywords for
Editorial Content
Proper captions and keywords are extremely
important for editorial content for two reasons:

1 Accurate captions and keywords will help

customers efficiently locate your image

2 Accurate captions and keywords will help

customers use the image correctly

Since the purpose of editorial content is for use in news,

opinion or commentary, it is important to be accurate.

Do not put irrelevant words in the title or keywords.

Otherwise, the image could inadvertently be used in a
way that could result in misinformation. This could put
both you and the end user at risk.
Creating a Caption
An editorial image should have an appropriate caption, which
describes the specific subject of the image. The caption should
include basic identifiers, such as: Who, What, Why, Where & When.
Please pay special attention to spelling, formatting, phrasing,
capital letters, and punctuation.

Here is how a caption should generally be structured:

CITY, STATE/COUNTRY MONTH DAY YEAR: [Factual description
of the image content, including who and what the image portrays].
EXAMPLE: JACKSON, NJ - JUNE 16, 2008: Singer Deborah Harry
performs onstage at Six Flags Great Adventure. This was Harry's
third performance.

Here is a breakdown of the specific elements on the caption:

Dateline
The dateline includes the location where the image was taken and the date the
image was taken. This is the Where and When that the image illustrates. It always
comes before the caption or description of the event.
EXAMPLE: JACKSON, NJ JUNE 16, 2008

If the exact date of the event was not known, circa could be used to indicate that
the date of the event is around the year given within the dateline.
EXAMPLE: JACKSON, NJ CIRCA JUNE 2008

Description
The dateline is followed by the caption or description of the event. This is the Who,
What and Why that the image illustrates. Explain what is going on in the image by
writing facts. If a photo depicts people, start by identifying the individual(s) in the
image and describe what they are doing. Be sure to describe the action in the active
present tense. When writing, be concise (keep the caption to under 200
characters), accurate and factual.
EXAMPLE: Singer Deborah Harry performs onstage at Six Flags
Great Adventure. This was Harry's third performance.
Glossary of Terms to Know
Term Definition
ASSIGNMENT A transfer of rights in intellectual property.

ASSIGNEE Person or entity to whom an assignment is made.

ASSIGNOR Person or entity who makes an assignment.

Copyright is a form of legal protection that gives the authors of a creative work the exclusive right to display, reproduce, distribute, and financially benefit from the work they create.
COPYRIGHT Any original work of authorship fixed in a tangible medium may be protected by copyright.

CREDENTIALS Proof of authorization from a venues representative to photograph a ticketed event.

DERIVATIVE WORK A work based upon a preexisting work. This is an exclusive right of the copyright owner of the original work.

Editorial Use mages depict a newsworthy event or subject of human interest including: the arts, business, culture, health and fitness, lifestyle,
EDITORIAL USE social events, technology and travel. Such images are usually not appropriate for commercial use as they are not released.

FAIR USE A limited affirmative defense to the unauthorized use of copyrighted material.

INDEMNIFICATION The guarantee of compensation or repayment for loss or damages arising out of the breach of a contractual obligation, warranty, or representation.

LICENSE An agreement where a licensor gives permission to a licensee to certain rights under specified conditions contained within the license.

LICENSOR A person or entity who grants a license of certain rights to another party.

MODEL RELEASE Documents permission to use an image which features a recognizable person for the purposes stated in the release.

PROPERTY RELEASE Documents permission to use an image which features a recognizable property or which is taken on private property for the purposes stated in the release.

PUBLIC DOMAIN Works in the public domain are free from intellectual property rights and thus can be reproduced, distributed, edited, modified, or incorporated into a new work without authorization.

Unlike Rights Managed (RMsee below), RF licenses have very few restrictions. These images can be used multiple times by the same customer without additional fees. RF images are not given on an
ROYALTY FREE (RF) exclusive basis and are typically less expensive than RM. These licenses can be very popular because they are easier for a customer to understand and maintain. Shutterstock specializes in RF licenses.

One of the original types of licenses, an RM license grants permission to use an image for a one-time specified use. However, if the customer needs the same image again,
RIGHTS MANAGED (RM) they must pay an additional fee. Sometimes RM images are licensed on an exclusive basis to prevent others from using the same images

TRADEMARK Any word, name, symbol, sound, or color that distinguishes goods and services from those manufactured or sold by others and to indicate the source of the goods.
Resources
Resources- U.S.
Copyright Office:
http://www.copyright.gov
Digital Millennium Copyright Act:
http://www.copyright.gov/title17/92chap5.html#512
Fair Use:
http://www.copyright.gov/fls/fl102.html
Public Domain:
http://copyright.cornell.edu/resources/publicdomain.cfm
U.S. Trademark Office:
http://www.uspto.gov/trademarks/

Resources International
Copyright Offices
Australia ag.gov.au
Brazil cultura.gov.br
Canada cipo.ic.gc.ca
China ncac.gov.cn
Czech Republic mkcr.cz
France culturecommunication.gouv.fr
Germany bmj.de
India copyright.gov.in
Indonesia dgip.go.id
Italy librari.beniculturali.it
Japan bunka.go.jp
Korea mcst.go.kr
Malaysia myipo.gov.my
Mexico Indautor.gob.mx
Pakistan ipo.gov.pk
Philippines ipophil.gov.ph
Romania orda.ro
Russia rupto.ru
Thailand ipthailand.go.th
Turkey kulturturizm.gov.tr
Ukraine uacrr.kiev.ua
United Kingdom ipo.gov.uk

Full list of international copyright offices: wipo.int/directory/en/urls.jsp

Berne Convention for the Protection of Literary and Artistic Works:
http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html

The Agreement on Trade-Related

Aspects of Intellectual Property Rights: TRIPS

Useful Terms of Service

Shutterstock Terms of Service:
http://submit.shutterstock.com/tostos.mhtml
Facebook Statement of Rights and Responsibilities:
https://www.facebook.com/legal/terms
Instagram Terms of Use:
http://instagram.com/legal/terms/
Tumblr Terms of Service:
http://www.tumblr.com/policy/en/terms_of_service
Twitter Terms of Service:
https://twitter.com/tos
Pinterest Terms of Service:
http://about.pinterest.com/terms/

Useful Licenses
Creative Commons:
http://creativecommons.org
Shutterstocks Standard License:
www.shutterstock.com/language.en/licensing.mhtml?type=standard&hsb=1
Shutterstock Enhanced License:
http://www.shutterstock.com/licensing.mhtml?type=enhanced&hsb=1

Useful Tools for Monitoring Your Content

TinEye Reverse Image Search:
http://www.tineye.com/
Google Image Search:
http://www.google.com/imghp
WayBack Machine:
http://archive.org/web/web.php

Shutterstock Releases
Shutterstock releases:
http://submit.shutterstock.com/legal
Acceptable foreign language releases:
http://www.shutterstock.com/buzz/acceptable-foreign-language-releases