At thegreenlist.nl we also like to help sustainable entrepreneurial Netherlands move forward with our ‘Work & Enterprise’ section. We previously shared legal tips for sustainable entrepreneurs with sole proprietorships. In this article, we take a closer look at copyright and portrait rights, because chances are you regularly use images for your website, socials and other marketing tools. Together with Renate Verstraaten of You and Me Legal we go through the important points with you.
Copyright and portrait rights
Chances are you use photos for your business from time to time, for example for your webshop or social media. How do you get those photos? Do you take them yourself or do you use images from free stock sites such as pexels.com or pixabay.com, then there is nothing wrong. It becomes more complicated if you want to use images of others. You need to be aware that you cannot just use these images and that you need permission to do so. Do you hire a photographer, videographer, influencer, designer or copywriter? If you do not agree on anything, the copyright rests with the creator. Yes, even if you have paid them for their services.
Getting copyrights and portrait rights right
Renate: ‘In an assignment agreement or separate document, you can agree that the copyright is transferred to you, or that you get a licence to use the material. You can also create a separate consent form to record what you may or may not do with that content. In short, the form in which you record these things is not that important. As long as it is in writing and signed. ‘Standard’ mention of copyright transfer in your general terms and conditions or asking permission in an e-mail is not enough and often not valid. If you arrange a licence to use the content, talk carefully about what it applies to and for how long. Is it for a month, quarter, a year or forever? And where can the image be used? On your website, on social media or....?’
Tip: Also agree whether the image can be used for paid advertising. It is common that this is not included by default and that an additional buyout must be paid.
Renate Verstraaten, lawyer.
Photos and videos with models and influencers
Do you want to use images depicting someone else, such as a model or influencer? Then you not only have to deal with the copyright of the creator, but sometimes also with portrait rights. In that case, you need permission from the creator and often also from the person in the photo. Suppose you have an online shop and you want to use photos of a photographer showing a model, you will have to make separate arrangements with both people. To avoid hassle, it is best to put this permission in writing in advance. Renate: ‘Good to know: portrait rights apply to all images in which someone is depicted recognisably, so it also applies if someone without a face is clearly recognisable by other features. Even if you use an image that only shows a passer-by, you have to think about portrait rights. If the images are not commissioned, in some cases the person portrayed may still object to the use of that image. Even then, you can ask for permission just to be sure.’
Want to know more about this? Then check out the website copyright.nl. Or contact Renate Verstraaten of You and Me Legal.
Need more tips and help?
Maybe you have been doing business for a while, or maybe your initiative is still in its infancy. Either way, with the guide for starting entrepreneurs, we would like to help you on your way with the administrative side, so you can do what you do best: make your idea a success! Because say it yourself, it's a nice idea when the administrative basics are all in order. With the help of this guide, you will have everything you need to organise your company's bookkeeping properly, learn good habits and, as a bonus, we will also share with you how you can do business a little more consciously. We got you!
For 13.50 euros, you have this lifesaver directly to your inbox and so on your tablet or mobile phone! Order the guide for start-ups in our webshop!
More sustainable business tips from thegreenlist.nl
- Do you have a webshop? Then check everything about the shipping and return policy that you need to properly draft and publish on your site.
- Are you just starting out as an entrepreneur or could use some accounting tips? Then check out this handy article with all the important accounting tips for start-ups!
- Are you looking for sustainable content creators? You can find the list of the cutest green influencers here.
Photo credits main image: Angela de Vlaming, other: Renate Verstraaten and thegreenlist.nl.
