Photos under the Editorial license: clarify how I can use them?

August 22, 2023 1:43 PM

My simplistic understanding is that a photo under an editorial license (as compared to commercial license or creative commons license) means that it can be used for news, documentaries, and so on, but not to make money. Editorial photos can't be used to sell products, but I'm not sure on which side of that fact my particular needs fall.

I am putting together an online course to help students study for their permit exam that would be sold through a driving school. The student would purchase the course and proceed through six video modules on the driving school's website.

In these modules I need photographs to illustrate concepts like "a car blocking a fire hydrant" or "traffic on the interstate" and everything I find that fits those needs (we have an account with ShutterStock) is marked "editorial use only."

Any photo used in the modules would be for educational purposes, and so would seem to fall under the editorial license. BUT, because we're charging money for the course, and the photos would be included in the course, it sounds like it might not fall under that license's allowances.

Yes? No?

posted by tzikeh to Media & Arts (6 answers total)

I used to work in an architectural slide library, and the rule of thumb I had to use with the profs was "Just because you are a professor does not mean everything you do is legally considered educational." In other words, I would be extremely leery that Shutterstock would consider that educational use. The fact that you're charging money for the course would, as you mentioned, add a couple weights to the "non-editorial" side of the scale.

Shutterstock also tends to put images with copyrighted/trademarked logos, celebrities, people who did not sign a consent form, locations for which the photographer does not have a location release, etc. under Editorial Use, which means that the companies and the people in the images are what you need to be concerned about suing you, and lots of them have no chill.

Overall, I'm concerned enough about copyright claims that I stay on the conservative side, and in this case I'd either contact Shutterstock and ask, using the email address in this FAQ about commercial uses for editorial images, or look for other images.
posted by telophase at 2:08 PM on August 22, 2023 [2 favorites]

Response by poster: telophase: or look for other images.

I promise not to thread-sit, but as of now, the only photographs I'm using for the class modules are the ones we can legally download from ShutterStock under their Commercial license. That's what I was told was legal and correct. Please tell me if it is not. Thank you.

I'll stop thread-sitting now.
posted by tzikeh at 2:17 PM on August 22, 2023

I've made a similar decision in a very similar context, but if someone with a real legal understanding answers this, please take their answer over mine.

It's not forbidden to use Editorial licensed images in a paid-for product; after all, a newspaper is a commercial product and that's the archetypal use of an Editorial licence. 'Commercial' use in this context is using an image to sell, promote or package a product. Whether you're an educator is not really the differentiating factor here, as I understand it.

Having said that, I'd agree that your best move is to contact Shutterstock with your question. I've found them to be very responsive and helpful in this sort of situation.
posted by Busy Old Fool at 2:17 PM on August 22, 2023

the only photographs I'm using for the class modules are the ones we can legally download from ShutterStock under their Commercial license. That's what I was told was legal and correct. Please tell me if it is not

It is legal and correct to use photos under the Commercial license.
posted by telophase at 5:05 PM on August 22, 2023 [1 favorite]

My understanding is that editorial use allows the photographer to include things in the image that would otherwise normally require a release. Think newspapers which don't need to get a photo release for including bystanders or product logos in their photos. So, anything labelled editorial does not require such releases which means that you are liable if the person or copyright owner can convince a court that your use violates their rights (and in the meanwhile you would have all the headaches of lawyers and potential lawsuits to deal with)

Have you checked the free sites? Unsplash for example seems to have number of car/traffic photos are that are royalty-free and others are available for a fair low sign up fee ($12)
posted by metahawk at 5:15 PM on August 22, 2023

I sometimes want to license editorial images for gray use cases, and they way I (per my large corporate employer) handle it is to email my stock house rep, describe the usage, and ask if they can license the particular image for that usage. Have you tried asking shutterstock directly?
posted by (Over) Thinking at 7:36 PM on August 23, 2023 [1 favorite]