Image usage rights are an incredibly hot topic as the worlds of social media and AI begin threaten to become a Wild West of content creation and copyright infringement.
If you are unfamiliar with image usage rights, begin with more traditional image rights for models.
What is usage?
Usage refers to the use of someone’s image rights. Image rights are a form of copyright and, of course, they’re incredibly important for models as well as other individuals such as actors, celebrities and athletes.
The majority of modelling assignments are for the purpose of creating marketing material for a company; to showcase a product, service or the brand itself. The images created may be used across hundreds of types of media, in various geographical areas, and for different time periods (we’ll revisit this later).
But, so what? The models were paid for their time, so why does it matter where and when their image is used?
Why does “usage” exist?
Of course, the establishment of image rights and the market surrounding their usage was largely motivated by generating revenue. But there is other logic to it. Here’s how it works:
- Monetization: Image rights allow individuals, especially celebrities, athletes, and models, to control and profit from the use of their likeness, ensuring they receive compensation when their image is used in advertising, merchandising, or other commercial activities. Makes sense.
- Intellectual property protection: As images became more valuable in advertising, media, and marketing, image rights helped establish legal boundaries, allowing creators and subjects to protect their interests and profit from the use of their work or likeness. Sure.
- Licensing opportunities: By creating a formal market for image rights, third parties (like brands, advertisers, and publishers) have to pay licensing fees to use certain images, creating a structured way to generate income. Okay, so now we’re making money.
- Exclusivity and branding: Image rights help maintain exclusivity and brand integrity, ensuring that an individual’s image is only used in ways they approve of, often allowing them to command higher fees. Fine.
Image rights do offer important legal protection, but they also facilitate revenue generation by giving individuals, agencies and companies the ability to capitalize on the commercial value of images.
Everyone has the right to control the use of their image, especially if being used to market or promote a brand, models included! This means that a model who is visible and recognisable in footage or an image has to agree to the purposes, territories, and timescale for which the content is used.
Usage fees in traditional modelling
When a brand hires a model for a photoshoot, they need to agree on how those photos will be used. It’s not just about paying for the day of the shoot – there’s also the question of how and where the images will appear afterward.
The starting point is usually something called the basic shoot fee (BSF). This is what the model gets paid for their time on set. But that’s just the beginning. If the brand wants to use those photos in ads, on billboards, or online, they need to pay extra.
How much extra? Well, it depends on a few things:
- What kind of media will the photos be used in? (like magazines, websites, or TV commercials)
- Where in the world will people see them? (just one country, or worldwide?)
- How long will the brand use the photos? (a few months, a year, or longer?)
Each of these factors can increase the cost. The more widely the photos are used, the more the model usually gets paid.
Here’s the thing: there aren’t strict laws about how much a brand should pay for this usage. It’s all based on what’s typical in the industry. But experienced models know what their images are worth, and they won’t sign away their rights without fair payment.
To make things simpler, many agencies have created standard “usage bands” that cover common scenarios. These can be a good starting point for negotiations.
A key point for brands to remember: you don’t have to ask for more rights than you need. If you’re only planning to use the photos on social media for six months, don’t pay for worldwide rights for five years. Being specific about your needs can help you get better models within your budget
Here are examples of image usage right bands, which could be useful for assessing photo licensing fees:
But the introduction of AI is creating shockwaves in the image rights sector for several reasons. Firstly, the generations produced by AI models take inspiration from training data. Much of this original material now used as AI training data is copyrighted and never belonged to the AI company that built the AI model. This means the likeness of thousands of models, actors and celebrities may be influencing AI-generated images.
But where do we draw the line between a real image, subject to image rights, and a novel image?
Image rights and AI: Legal issues
There are many legal and ethical issues around image rights and AI, these are just seven of the most fundamental.
Using copyrighted images without permission: Many AI companies use copyrighted images to train their systems without asking the owners. This raises questions about whether it’s legal or fair to do so.
Changing or removing copyright info: Some companies, like Getty Images, have sued AI firms for allegedly removing or changing copyright information on images. This might break laws meant to protect copyrighted work, including violating the DMCA.
Creating new works based on existing ones: It’s hard to tell if AI-generated images count as new versions of existing copyrighted works. This makes it tricky to know if they’re breaking copyright laws.
Using artists’ names or styles: Some cases involve AI companies using artists’ names or unique styles to promote AI-made art. This brings up questions about an artist’s right to control how their name or style is used.
Competing unfairly with human artists: Many artists worry that AI-generated images create unfair competition. They’re concerned people might mistake AI art for human-made art, or that it might make human-created art less valuable.
Outdated laws: AI technology is developing faster than the laws that govern it. This makes it hard to know how to apply existing copyright laws to AI-generated content.
Different laws in different countries: Dealing with ai copyright issues gets even more complicated when you consider that different countries have different laws.
These ongoing legal battles show that we need clearer rules about how copyright and image rights work with ai-generated content. However, it’s not all doom and gloom. Innovation always comes with friction as first. There are already examples of companies overcoming these challenges.
Examples of AI and traditional media rights working successfully
There are some good examples of projects that combine AI and traditional media while respecting everyone’s rights. These show how to use new AI tech while following the law and protecting people’s work.
Associated press and automated insights
The Associated Press (AP) has successfully integrated AI into its news reporting process. By partnering with Automated Insights, AP uses AI to generate earnings reports and other data-driven articles. This collaboration involves detailed contracts that clearly outline usage rights, geographic scope, and duration for both traditional and AI-generated content. This ensures that the rights of human journalists and the AI-generated content are respected and managed effectively[1].
Netflix and AI for personalized recommendations
Netflix is another example of successful integration, using AI to personalize content recommendations for its users. The company employs AI algorithms to analyze viewing history and preferences, providing tailored suggestions. This integration respects the rights of content creators by ensuring that AI-generated recommendations do not infringe on existing copyrights [1].
Warner Music Group and Endel
Warner Music Group (WMG) has partnered with Endel, an AI company that creates personalized soundscapes. This collaboration involves the release of AI-generated music tracks under WMG’s label. The partnership includes detailed agreements that specify the rights and revenue sharing between WMG and Endel, ensuring that both traditional and AI-generated music rights are protected. Clear contractual terms can facilitate the integration of AI into traditional media industries[2].
Adobe and the Content Authenticity Initiative
Adobe has launched the Content Authenticity Initiative (CAI) to address the challenges of AI-generated content. The initiative aims to provide transparency and authenticity for digital content by embedding metadata that tracks the origin and modifications of images and videos. This ensure that creators are credited and that the integrity of their work is maintained. The CAI sets a benchmark for future projects by promoting ethical AI use and compliance with copyright laws[2][3].
Key takeaways for the future:
1. Detailed contracts: Successful integrations often involve detailed contracts that specify usage rights, geographic scope, and duration for both traditional and AI-generated content.
2. Clear legal frameworks: Establishing clear legal frameworks and guidelines helps manage the rights of human creators and AI-generated content.
3. Ethical AI use: Initiatives like Adobe’s CAI emphasize the importance of transparency and authenticity, ensuring that AI-generated content respects the rights of original creators.
4. Collaborative partnerships: Partnerships between traditional media companies and AI firms, such as AP and Automated Insights, demonstrate how collaboration can lead to innovative solutions while respecting legal standards.
Citations:
[1] https://www.linkedin.com/pulse/embracing-future-how-ai-reshaping-traditional
[2] https://dataforest.ai/blog/a-handbook-on-ai-in-media-and-entertainment-influence
[3] https://www.linkedin.com/pulse/traditional-media-companies-starting-win-ai-brian-richards