Copyright information about photographs and audiovisual works

Introduction

Almost all images available on the internet are copyright protected. While it seems easy to pluck and use any image you find on the internet, you must proceed with care when reusing photographs and audiovisual materials from others to avoid copyright infringement.

May I use photographs and audiovisual materials in my work?

In general, you should consider everything that has a creative aspect in it (e.g. a picture, a cartoon, a drawing, a photograph, an infographic, etc.) as copyright-protected, even if this picture is freely available on the internet. 

However, you can use another’s audiovisual work in your own work in four ways: by citing, hyperlinking (or embedding), under a licence or under the Easy Access agreement.

• You may cite images, works of art, photographs and short video and audio fragments and reuse them in your work. Remember that all citations are limited to what you need, have to be clearly functional (not just decorative) and have to be correctly referenced. This is called the “right to cite”. 
• Hyperlinking or embedding images or videos can also be done without issue, provided the material is lawfully publicly available. Linking or embedding is essentially pointing towards a location where it is legally available, instead of republishing.
• If you want to use an image in your presentation, or on the cover of your research report or thesis as decoration, you need permission from the copyright owner, unless the work is in the public domain. Permission could be gained directly from the copyright owner or might be given beforehand via a Creative Commons licence. Specific licence terms may restrict certain use of the audiovisual works. Remember that you need to correctly reference all works you use, even if used via a licence.
• Images may also be used in educational material, such as readers and Brightspace course materials. Limited use is possible without permission under the Easy Access Agreement. Read more in this knowledge article.

Remember that anyone who makes a work publicly available is accountable for any infringement. If you cannot show that you have obtained proper licencing permission to use an image, you may be infringing on the copyright of the image owner and may be liable for damages.

Can I use materials that depict individuals?

You may use photographs or other audiovisual materials showing individuals. However, each image containing a living individual is considered personal data and should be processed in accordance with the General Data Protection Regulation (GDPR) and WUR’s policy on personal data. Each person has the right to withdraw permission at a later time, if that was required to use their image, or to object to re-use of their personal data.

WUR has a policy around audiovisual works (e.g., photographing or recording attendees). Contact your local privacy officer for more information.

What are portrait rights?

The Dutch Copyright Act also contains regulations on the use of portraits. The photographer of a portrait owns the copyright on that photograph. The person who commissioned the portrait has the right to object to public disclosure of the photograph with their likeness.

If the person did not commission the portrait, they have the right to object to its public disclosure to the extent they have a reasonable interest. Such interest could be, for example, infringement on the integrity of their personal data, or infringement on their ability to sell the use of their portrait.

Am I allowed to show an audiovisual work during a lecture?

Yes, you are allowed to show audiovisual works during a lecture for educational purposes without requiring prior permission or compensation. This can be done to a larger extent than is possible on places like Brightspace, due to the educational exception in Dutch law (this reuse can go beyond the Easy Access agreement for example). Do note that this only applies to active lectures. When the recording, presentation or other files are moved to Brightspace, more limits apply (for example, those in the Easy Access agreement).

Where can I find free-to-use images?

As a WUR employee, you have access to the WUR Brand Portal. You can search this portal for images. Apply the filter to search for free-to-use images. Alternatively, you can open the image you are interested in and check whether it is free to use or has limited use.

Furthermore, several legitimate sites share free-to-use images, such as Pixabay or Unsplash.

If you cannot find an image you want with the options above, staff can use the Communication Services' Shutterstock subscription. Contact traffic@wur.nl to hear about the possibilities and the costs.

Questions & support

Do you have questions about this service, or would you like personal support? Feel free to contact us via email at copyright@wur.nl.