The (Almost) Complete Guide To Image Copyright

All rights reserved. © 123RF Limited 2005-2018.
THE (ALMOST)
COMPLETE GUIDE TO
IMAGE COPYRIGHT
How to Use Digital Content and NOT Get Sued!

TABLE OF CONTENTS
FOREWORD
INTRODUCTION
5 THINGS YOU NEED TO KNOW ABOUT COPYRIGHT
5 RIGHTS FOR COPYRIGHT OWNERS
SHOULD I TAKE COPYRIGHT SERIOUSLY?
WHAT IS STOCK CONTENT?
HOW DOES A STOCK CONTENT PROVIDER ENSURE
THAT CONTENT IS SAFE FOR COMMERCIAL USE?
WHY PAY FOR STOCK CONTENT?
GETTING TO KNOW STOCK CONTENT LICENSES
ARE THERE ANY CONTENT THAT I CAN LEGALLY
USE FOR FREE?
WHAT IF THE CONTENT I LICENSED FROM A STOCK
CONTENT PROVIDER HAS INFRINGED A COPYRIGHT
LAW?
WHAT SHOULD I DO WHEN I RECEIVE A NOTICE OF
COPYRIGHT INFRINGEMENT
ABOUT 123RF
APPENDIX : CASE STUDIES
1
2 - 4
5
6 - 7
8
9
10 - 13
14
15 - 17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
APPENDIX: CASE STUDIES
Case #1
Can I use images found on Google?
Case #2
Can I remove watermark from images?
Case #3
Can I use Royalty-free standard license images on
physical merchandize?
Case #4
Is it safe to use stock content from free websites?
Case #5
Does copyright law apply to social media
(Facebook, Twitter, Pinterest etc.)?
Case #6
Are model and property releases important?
Case #7
Who owns this picture? (Non-human)
Case #8
Who owns this wefie?
Case #9
Is Mona Lisa copyrighted? How about the works
created based on Mona Lisa?
Case #10
Can I use pictures of famous deceased people?
Glossary
Attributions
Disclaimer : This ebook is written for informational and educational purposes only
and is by no means a replacement for legal advice

Have you ever…?
• Downloaded an image from Google Search
• Used an image with a watermark and thought it was
OK to do so
• Erased an image with a watermark and used it in a
project
Foreword
If you nodded to any of those statements, then you’ve probably
committed an act of copyright infringement. What’s worse,
claiming innocence and ‘fair use’ is no longer enough to clear
you (or your organization) of legal lawsuits or demand letters.
Thank your lucky stars if you have been using unlicensed
images without being caught by the copyright owner!
But if this has happened, the right thing for you to do is to
remove the images immediately, or expect the worst to
happen — copyright owners may send in a written request to
get the web hosting provider to take down your website. This
is called a cease and desist, or more commonly known as a
DMCA takedown.
Take note that removing infringing materials from your website
or projects will not absolve you completely from previous
misuse but it is better than being a sitting duck. And as proven
by WayBack Machine, things that go on the internet often stay
there forever.
So how does one navigate this murky law
known as copyright in this digital age?
Fret not, we’ve got your back. In this eBook, we will go over the
essentials of image copyrights, copyright infringement,
licenses and how to avoid copyright infringement.
1

Copyright Law Bites!
Many of us are unaware of how to comply with copyright
law when it comes to using digital images, whether online
or offline. Copyright is a hassle to most of us. We would
rather ‘right-click, save as’ on Google Images, remove
watermarks, or worse, do a screenshot.
In other words, we would rather feign ignorance and
download the image illegally — that is until we’re slapped
with a notice of copyright infringement along with
demand for damages from the owner.
Yes, copyright law bites.
Why Does Copyright Law Exist?
It may be hard to understand why copyright law
exists from the consumer or user’s perspective.
After all, we would love to have free access to all the
images in the world. Unfortunately, there’s no such
thing as a free lunch! :(
In order for us to understand why copyright exists, we
need to put ourselves in the creator’s shoes.
Introduction
Did you know?
Digital Millennium Copyright Act
is a digital rights management
law introduced in 1998 in the
United States. The law deals with
the challenges of regulating
digital material and it aims to
protect the rights of copyright
owners and users.
2

What Really Went Into The Making Of This Photo?
You see, that photo has come a long way. In the beginning,
the photographer had to:
1.
2.
3.
4.
5.
6.
7.
Scout for child talents.
Recce for a suitable location.
Get consent and model releases signed by the parents/guardians.
Hire makeup artist and stylist.
Arrange for production logistics.
Coax them to pose.
And when everything is perfect, take the shot!
Let us begin with a simple scenario. Say you need an image for a social
media post and you happened to stumble upon the image on the
left on Google Search.
You think, “Hey, that’s just perfect for my post!”.
1. RIGHT CLICK…
2. SAVE PHOTO…
3. UPLOAD…
4. POST…!
Easy enough, right? However, did it occur to you that you have
just infringed on the rights of the photographer?
Did we pause to appreciate the effort that went into creating that image?
Behind every piece of art lies countless hours of experimentation and
years of experience that culminated in its production.
Masterpieces are not made overnight. It is a process.
3© Photo 123RF®

Then, there’s the post-photography processing work where the
photographer will have to:
8.
9.
10.
And, it doesn’t stop there! The photographer still had to:
1 1 .
12.
13.
14.
Only then, the photo will be made available for licensing. Finally, the
photographer can reap the fruits of his labor from that one photo!
Filter out the best shots.
Make necessary edits.
Pay for talent, makeup artist and stylist fees, and location rental.
Look for an appropriate distribution channel
(often a stock content provider).
Upload and keyword the photo.
Provide proof of having the relevant releases.
Get through the vetting and approval process.
Copyrighted Work Is Hard Work
That is a lot of work just for a digital photograph. So whenever you
download a photo without paying for the license to use them, you
are essentially stealing the work!
This is the reason why copyright law is in place. It is to protect
creators as well as providing them with the legal right to earn a
living from their work.
4© Vectos StockUnlimited®

© Vectors 123RF®
Copyright law is strictly national, however most countries
extend protection to foreign works under conditions that
are standardized by international copyright treaties and
conventions; such as the Berne Convention and the WIPO
Copyright Treaty.
Copyright only applies to works created by humans;
hence, works by non-human entities like animals are not
copyrightable.
Copyright applies to original literary works, paintings,
photographs, films, music, choreography, sculptures, etc.
but NOT ideas and facts.
Copyright, like other Intellectual Property, has an expiration
date which is dependent on the country from which the
creation originates. Generally, copyright expires 70 to 120
years following the death of the creator.
Copyright is a form of Intellectual Property (IP) which
includes patents, industrial design, trademarks and trade
secrets. Unlike most Intellectual Property which require the
IP owner to submit an application for registration, copyright
comes into effect from the moment of creation and is
exclusively owned by the creator.
1
2
3
4
5
5
5
Things You Need to
Know About Copyright

5Copyright
Owners
Rights For
1
2
3
4
5
PERFORMANCE
Copyright owners have the right to perform the
copyrighted work.
DISTRIBUTION
Copyright owners have the right to distribute the
copyrighted work.
ADAPTATION / MODIFICATION
Copyright owners have the right to create new works based
on copyrighted work, or modify the copyrighted works.
DISPLAY
Copyright owners have the right to display the
copyrighted work in public.
REPRODUCTION
Copyright owners have the right to reproduce the
copyrighted work.
6© Vectors 123RF®

7
Usually, copyright ownership goes
to the creator, with these exceptions:
Works created in the course
of employment are owned
by the employer
Commissioned works are
owned by the person who hires
and pays for its creation
Works created by two or
more persons are jointly
owned by the authors
Works whereby the copyright
ownership was transferred or
sold to another party
The first alleged case of copyright dispute occurred
around 560 A.D. in Ireland, but it was only in 1710
when the first copyright law — Statute of Anne was
introduced in Great Britain.
Statute of Anne is named after Queen Anne as it was
enacted during her reign. It was the first statute on
copyright that was regulated by the government.
Prior to that, copyright was enforced by a guild of
printers called the Stationers’ Company.
Copyright was originally a law to protect printers and
only applied to printed books. We have come a long
way since then, and copyright law now extends to
digital media e.g. illustrations, photographs, ebooks,
videos and more.
NEXT>

8
Yes! Copyright infringement, whether intentional or
unintentional, can result in massive monetary damages
due to legal lawsuits and settlement claims. In more
serious cases, criminal penalties such as imprisonment
may also be imposed. Take for instance, this case where
Photographers net thousands in compensation after
spike in copyright infringement cases.
How can we avoid such penalties?
Easy! Just get your content from stock content providers.
These folks ensure that all content supplied on their
websites have legally undergone required checks for
quality control, release forms and copyright clearance
(logos, branding elements, etc.)!
We’ll explain more about Stock Content in the next section.
Do read on...
Should I take copyright seriously?
© Vectors 123RF®

What is Stock Content?
Did you know?
Stock content providers actually DO NOT ‘sell’ content! They operate platforms
that offer licensing and rights management services for content creators to
market and monetize their content to a global audience.
Stock content is pre-produced, ready-to-use images such
as photographs, illustrations and vectors as well as video
footage and audio files. These content are uploaded to a
licensing platform and you may purchase the rights to use
them.
The platform is usually managed by a stock content
provider, and it is very much like a searchable online
library — which often times, contains millions of images,
video and audio clips.
PHOTO VECTOR AUDIO FOOTAGE
9© Vectors 123RF®

How does a Stock Content Provider ensure that
Content is safe for Commercial Use?
Stock content providers such as 123RF implement three
very important processes that make their content safe to
use for commercial purposes:
Process 1 :
Process 2 :
Process 3 :
Let’s go through each process in further detail.
Validate the identity of each contributor
uploading content to 123RF.
Employ strict quality control that cover all
aspects of content-related problems.
Should the content feature a recognizable
model or property, the stock provider will
check for the presence of a valid model
and/or property release.
10© Vectors 123RF®

11
Process 1 : Contributor Validation
A stock content provider will request for three key details
to verify the identity of an individual who wishes to
contribute content to its platform.
These details must appear clearly in the documents:
1. Name (Legal Name)
2. Photo
3. Date of Birth
This is to ensure that the person is of the age of majority
(generally over 18) and is able to accept and be bound by
the site’s Content Contributor’s Agreement - this is
because the Contributor is liable if the content uploaded
infringes any known law or copyright.
© Vectors 123RF®

Process 2 : Strict Quality Controls on Content
Once approved as a Contributor, the content will undergo
a series of checks. The infographic here shows the typical
review considerations that a Content Reviewer will
undertake to secure safe content.
As you can appreciate, the review and curation process
requires a keen eye for detail and encyclopaedic
knowledge on copyrights, restricted locations and other
restrictions. It is no small feat to reliably review up to
100,000 content uploads per day! To date, there are
over 70 million digital assets available for licensing at
123RF.com.
Review
Process
Flow
Are there any
Visible Logos / Brands
/ Trademarks?
Does it have
commercial value?
Is it a famous
character?
Is this a sensitive
subject/theme?
Is a Property Release
required?
Is subject
well lit?
Is this a patented
product design?
Is composition
OK?
Is a Model Release
required?
Is the upload
corrupted?
Is this
orientation bad?
Was a similar
image uploaded?
12© Infographic Vectors 123RF®

A model/property release is a signed agreement between the model/property
owner that an image or footage is safe for commercial use. Releases permit the
use of the content for all purposes, or may contain exceptions for certain
usages. ‘Model’ refers to human, while ‘property’ encompasses pets, buildings,
works of art, trademarks, brands and more.
MODEL RELEASE
Process 3 : Enforcing Model & Property Releases
Model releases are a necessity when models (people) are
in the photo. Anyone with an identifiable feature requires
a model release! The content review team ensures that
each person in the photo has signed one. This includes
both adults, and minors (who will require a legal guardian
to sign on their behalf).
Property releases are also required to verify that the
owners of the property have approved the photo shoot -
such as home and office interiors, or famous places.
Content with property releases gives a customer peace of
mind, knowing that the content they are purchasing has
been legally assured for commercial use from the get go.
The easiest way to think about releases is that it gives the
contributor permission to use photos from the shoot,
modify, edit and eventually publish it for commercial and
promotional purposes.

Why Pay for Stock Content?
When you purchase content from a stock content library,
you are essentially purchasing the license to use it
according to the End User License Agreement (EULA).
Each license has its own scope of permitted uses. You
may then safely use the content as long as you abide by
the permitted scope of use.
By now, you should know that when you purchase the
license, you do not actually own the copyright to the
content. Copyright always belongs to the content creator.
Tip: Some terms that you might encounter are Licensor
and Licensee. In this case, Licensor refers to the stock
content providers, while Licensee refers to the buyers.

Getting to Know Stock Content Licenses
Broadly, there are 3 types of license available for all copyrighted works:
Rights-Managed, Royalty-Free and Creative Commons.
Rights-Managed (Pay per use)
For Rights-Managed (RM) Content, think of it as
“content-for-rent”. The Licensee (You) pays for a
custom one-off use license, and its pricing is
dependant on the:
$$$
R
ights-Managed
•Type of usage:
Advertising, print, marketing collaterals etc.
•Media:
TV, print, online
•Circulation or Exposure:
In thousands
•Duration:
Months or years
•Region:
Specific to a country or region
•Adsize
You can also purchase exclusive rights (to some
extent) with this license.
Royalty-Free
Royalty-Free
(Pay once, use forever!)
Let’s just clarify one thing right from the
start. Royalty-free (RF) content is NOT
free content! You only have to pay for
the initial license once, and then you
can use it indefinitely. The price of the
license usually depends on the file
format; size of content and the
intended use of content.
C
reative Common
s
Creative Commons (Free-to-use)
You may use the Content for free as long
as you comply with the terms and
conditions stipulated in the
licensing terms.
15

Broadly speaking there are two types of Royalty-Free license:
STANDARD license and EXTENDED license.
As a rule of thumb, an extended license allows you to use stock content on print publications
without any print run limitations; or on physical or digital products for resale purposes.
USAGE
Advertising Purposes
Print / Publications, Digital
Media, Education
Social Media Website, Applications
Decorative Purposes
Presentations
Design Elements, Art
Prints for Sale on Products & Merchandize
In Electronic / Digital Platforms
In Standalone Templates
(Website, Digital, Designs)
In an Application that generates revenue
STANDARD
LICENSE
EXTENDED
LICENSE
16

We have prepared a summary of seven commonly used
CREATIVE COMMONS LICENSES.
I AM ALLOWED TO
Share
CC BY-NC-SA
Attribution-NoCommercial
-ShareAlike
CC BY-NC-ND
-NoDerivs
TYPES OF CREATIVE
COMMONS LICENSE
AS LONG AS I
CC BY-NC
CC BY-ND
Attribution-NoDerivs
CC BY-SA
Attribution-ShareAlike
CC BY
Attribution
CCO
No Rights Reserved
Make
Changes
Use
Commercially*
Credit
The Creator
Keep The
Same License
*Commercial use refers to ‘any manner that
is primarily intended for or directed towards
commercial advantage or private monetary
compensation.’ This includes anything from
printing illustrations on t-shirts for sale,
creating web pages for businesses,using graphics
in softwares or even in packaging.
For example, CC BY-SA means
that you are allowed to share,
make changes, use the content
commercially as long as you
credit / attribute the original
creator and keep the same
license for derivative works that
you go on to produce.
17
Disclaimer:
123RF does not warrant the truthfulness or accuracy of the above summary. Please head over to CREATIVE COMMONS for further information.

Yes! Stock content under the Public Domain are free to
download and free to use. However, there is a catch here.
Although a work may be free to use, it is not free of
authorship and ownership (refer to case #9).
There are a few ways for content to be categorized
under Public Domain:
· Works released by governments
· Works donated by content creators
· Works where the term of copyright has expired
· Works created before the implementation of
copyright law
You may use these content as you like. Just note that you
may need to look into privacy and publicity rights if you
intend to use the content for commercial purposes.
Did you know?
In 2016, a stock content provider was sued for USD 1 billion for licensing and
distributing photographs that were donated to Public Domain by a well-known
photographer.
DOWNLOAD
Is there any content that I can
legally use for free?

Some stock content providers offer legal indemnity to
buyers in the event that this does happen. It comes in the
form of a liability clause that covers you for up to a certain
amount.
For instance, with 123RF, each buyer has an indemnity
limit of up to US$25,000 against any claims of copyright
infringement; provided the buyer has used the content
according to the licensing terms.
Of course, the terms and coverage differ between stock
content providers so you should always check with the
stock content provider you’re purchasing from for
clarification.
19
What if the content I licensed
from a stock content provider has
infringed a copyright law?
© Vectors 123RF®

20
Relax, we got you. Here are some guidelines on what
you should do:
If you purchased the image from a stock content
provider:
1. Contact the stock content provider immediately.
2. Verify the license terms with them.
3. Liaise with their legal team for further advice.
If you downloaded the image from a free website:
1. Remove the infringing content immediately.
2. Contact the free content provider for verification.
3. Contact a local copyright lawyer.
If you did not purchase it:
1. Remove the infringing content immediately.
2. Respond to the issuer and notify them of the removal.
3. Contact a local copyright / intellectual property lawyer.
GUIDE!
What should I do when I receive a
notice of copyright infringement?
© Vectors 123RF®

123RF is a royalty-free digital media library that offers a
wide variety of budget-friendly commercial and editorial
images, video footage, audio clips and vector illustrations.
From its humble beginnings in 2005, 123RF is now one of
the top global providers of content.
This eBook was brought to you by
Sign Up Today on 123RF.com and Start Downloading!
Interested to sell on 123RF? Sign up here.
100% Money Back Guarantee · $25,000 Legal Guarantee · 24/7 Customer Service
Got a question on image copyright?
Get in touch with us at info@123rf.com

Appendix:
CASE STUDIES!

Can I use images found on Google?
That depends on the individual image found by Google’s search
engine. If the images are under Public Domain or Creative Commons
license, then you may be able to use them. Otherwise, it is illegal to
download the image — be it for personal or commercial use. Even if
you crop and modify the image, it is still illegal!
You can filter the search result on Google under ‘Search tools’ and
select the license from a dropdown list at ‘Usage rights’. Alternatively,
you can go to specific websites that host Public Domain and Creative
Commons licensed content.
However, the onus is on you to do due diligence and determine that
the images under these licenses are actually owned by the uploader.
Our advice? Purchase a licensed content (we recommend
royalty-free license) to save yourself from any headache that may
occur.
Case #1
Yes, you may as long as the images are under Public Domain or Creative Commons license.
23© Photo 123RF®

Can I remove watermark from images?
This is considered a case of willful infringement if you remove (or
crop out) watermarks on images. Should the copyright owner decide
to pursue legal action, you could be in a lot of trouble. With
technological advancements, there are many ways to trace an image,
even when you have renamed, resized and retouched the file.
Our take is that it is not worth the potential legal problems that
might arise. It is best to obtain the appropriate licenses or written
permission from the copyright holder to use the image — even if that
will set you back a couple of dollars.
No. It is illegal to remove the watermark from copyrighted images. You may get
into trouble as this is considered as willful copyright infringement.
Case #2
24© Photo 123RF®

Can I use Royalty-free standard license images
on physical merchandize?
Printing royalty-free images on physical items are allowed under the
standard license for up to a stipulated amount (for 123RF, it’s
500,000 copies) if the items are to be given away for free e.g. as
promotional merchandize at a trade show.
If the merchandize is for sale or if you need to print more copies than
the number stipulated under standard license, you will require an
extended license. You can read more on Extended License at 123RF
website.
3
You can use the image on merchandize as long as it complies with the licensing terms.
However, any usage that will directly generate revenue will require an extended license.
Case #3
© Photo 123RF®
25© Photo 123RF®
© Photo 123RF®

You can, as long as the images are under Public Domain or Creative Commons
license. Do note that you might be liable for copyright infringement if the image
was uploaded without the consent of its creator.
Is it safe to use stock content from free websites?
There are many websites that host free stock content for commercial
usage without requiring attribution. However, you have to be aware
of the risks if you use these files as the uploader may not necessarily
be the copyright owner.
These free websites will always ensure that they will be indemnified
and not be held responsible for any legal claims.
Putting it simply, these terms are there to inform you that the free stock
content providers cannot be held responsible for any claims or damages
that arises due to the use of the content found on their website.
They are just distributing the content! Hence, beware.
Here are some examples of the Terms and Conditions compiled from free stock
content websites:
“ You agree to indemnify and hold harmless [Free Provider 1] from and against any
and all loss, expenses, damages, and costs, including without limitation… ”
“You agree to indemnify and hold harmless [Free Provider 2] ... from all damages,
injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and
accounting fees)...”
“By entering into this Agreement and using the Website, you agree that you shall
defend, indemnify and hold [Free Provider 3] ... harmless from and against any and
all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees
and costs)...”
Case #4
26© Photo 123RF®

Yes. Social media postings are copyrightable. Sharing copyrighted content that does
not belong to you without the owner’s consent can potentially get you into trouble!
Does copyright law apply to social media
(Facebook, Twitter, Pinterest etc.)?
According to copyright law, yes! Believe it or not, we are all publishers
to a degree on social media.
Whatever we update on Facebook, tweet on Twitter or share on
Pinterest is copyright protected. That also means that you can be
liable if you use someone else’s content that was shared on social
media!
So bear in mind that copyright law applies as well on social media
and sharing content that are not created by you may fall under
copyright infringement. You should be safe as long as you do not
repost copyrighted content.
Did you know?
In year 2013, a photographer was awarded USD $1.2 million when the pictures he
posted on Twitter were used without consent by two media companies.
Case #5
27© Photo 123RF®

Here are a couple situations where model or
property releases played an important role:
Scenario 1
A man saw his house featured on an advertisement for a bank. He
sued the bank as he never consented to his house being used for
commercial purposes. Luckily, the ad agency working on the ad for
the bank were able to produce the property release with the previous
owner’s signature. In the end, the owner dropped the claim.
Scenario 2
A model sued an ad agency for misusing her photos on an ad
promoting STD prevention which casts her in a negative light and
puts her reputation at stake. In this case, the model won the lawsuit
as the agency knowingly used the image without the model’s
prior consent.
Are model and property releases important?
How would you feel if someone came up to you and told you that you
were endorsing a product or service that you are not aware of?
You would probably be very upset as they used your likeness for
promotional purposes without your consent.
The same goes for model and property releases. It serves to protect
all parties involved — mainly the model or property owner, distributor
and end users.
Model and property releases are important depending on the usage of the content. If
you intend to use an image for advertisement (especially if the content are promoting
sensitive topic), it’s best to check for a model and/or property release to protect
yourself from lawsuits or complaints.
Case #6
28© Photo 123RF®

Who owns this photo?
You may have seen this infamous monkey selfie circulating the
internet in 2011. A user subsequently uploaded a high-definition of
this image to Wikimedia in 2014.
David Slater, whose camera equipment, was used by the monkey to
take the selfie, laid copyright claims to the photograph and
requested Wikimedia to remove the image from their collection.
Wikimedia refused on the grounds that copyright applies to the
creator of the photograph and in this case, it is the monkey.
As copyright laws are only applicable for humans, the photograph
was deemed by Wikimedia editors to be in the public domain.
That led to an ensuing lawsuit between Wikimedia and David Slater.
As of the time of writing, Wikimedia still retains the image in their
collection.
PETA also filed a lawsuit against David Slater to secure the copyright
of the image, on behalf of the monkey allegedly named Naruto.
While copyright law applies to human creations only, this selfie was taken by the monkey.
Thus, copyright law at the time of this writing cannot be applied to the photograph. It is
still being disputed in court on whether animals are entitled to copyright.
Case #7
29Macaque Monkey Selfie via Wikimedia Commons

Who owns this wefie?
This should be a familiar photo if you own a social media account. It
was taken on a sponsored Samsung phone and featured A-listers like
Jennifer Lawrence, Ellen Degeneres, Bradley Cooper, Meryl Streep
and company that subsequently went viral when Ellen Degeneres
shared it on Twitter.
There were no copyright lawsuit in this case, but it is interesting as a
case study.
These are the facts: the photo was taken by Bradley using Ellen’s
phone (which was sponsored by Samsung). There are 3 eligible
parties should a dispute arise on copyright ownership. Ultimately the
copyright owner would be Bradley as he is the ‘creator of the
photograph’.
Again, copyright law favors the creator of the work rather than the owner of the
equipment.
Case #8
© Photo Bradley Cooper 30

Other well-known creator’s works in the Public Domain:
• William Shakespeare
• Ludwig van Beethoven
• Jane Austen
• Lewis Carroll
• Sir Arthur Conan Doyle
Is Mona Lisa copyrighted?
How about the works created based on
Mona Lisa?
This is arguably Leonardo da Vinci’s most famous piece of artwork
and also one of the most replicated and reinterpreted art piece in the
world. In fact, Mona Lisa was replicated and reinterpreted by
Leonardo da Vinci’s own students!
Mona Lisa never enjoyed copyright as Leonardo da Vinci lived in a
time prior to the enactment of copyright law. That said, although
copyright law did not extend to the painting, authorship of Mona Lisa
remains with Leonardo da Vinci while ownership of the original
painting resides with the French government.
As is with Public Domain or copyright-free material, Mona Lisa is
widely used in digital and printed materials with and without
modifications. New works that demonstrate substantial modification
from the original work are eligible for copyright protection on the
basis that only the modifications are “copyrightable”.
Copyright only applies to works that are created after the establishment of copyright
law. Works derived from Mona Lisa may only have the modifications protected by
copyright law.
Case #9
Mona Lisa via Wikimedia Commons 31

Yes. As long as you have obtained the permission from the owner of the deceased
person’s right of publicity.
Can I use pictures of famous deceased people?
This is a very complex question. The pictures, as we have learned
belongs to the photographer. However, the person’s name, likeness,
quotations, rights of publicity, trademarks and copyrights of the
person may be protected by law. In that case, a written permission
will be required from their next-of-kin, commercial estate or the
corporation who owns their right of publicity when using their image
for commercial purposes.
Did you know?
Mickey Mouse remains a copyright protected work to this day.
Under the 1909 Copyright scheme (which was the existing copyright law then),
Mickey Mouse should have been released into the Public Domain in 1984. However
when the expiration date grew closer, Disney lobbied Congress for extension.
Congress’s overhaul of copyright law in 1976 allowed Mickey to escape being in the
Public Domain till 2003.
When the expiration drew nearer again, Disney’s team lobbied Congress yet again for
extension.The result? Sonny Bono Copyright Term Extension Act of 1998. Mickey had
once again evaded Public Domain, this time till 2023.
With only seven years till Mickey’s impending Public Domain sentence, it is likely
Disney’s team will be lobbying for another extension soon.
Case #10
32Marilyn Monroe via Wikimedia Commons

Copyright - A form of protection for the creator of the original piece.
Copyright infringement - The use of works protected by copyright law without permission, infringing certain exclusive rights
granted to the copyright holder.
Copyright symbol - The symbol, © or sometimes phonogram copyright, that is used to denote copyright.
Creative Commons - The right which allows for the free usage of the content as long as the usage complies with the license.
Digital Millennium Copyright Act (DMCA) - A copyright legislation passed in 1988 in United States to realign U.S.copyright
law with international norms and to address concerns around digital technology and file-sharing.
Footage - The raw, unedited material as it had been originally filmed by movie camera or recorded by a video camera which
usually must be edited to create a motion picture, video clip, television show or similar completed work.
Indemnity limit - The maximum amount that an insurer will pay out for any one claim and usually within any one policy year
(assuming a yearly insurance policy).
Intellectual property - A product of the intellect, including copyright works, trademarks and patents.
Licensor - A party or entity that grants a license to someone else.
Licensee - A person or entity that has been granted a license under private agreement.
Model / Property release - A signed agreement between the model/property owner that an image or footage are safe for
commercial use.
Public Domain - Content which is free of copyright, free to download and free to use.
Publicity rights - The right of an individual to control the commercial use of his/her name, image, likeness, or other
unequivocal aspects of one's identity.
Rights Managed - A copyright license which, if purchased by a user, allows the one-time use of the photo as specified by the
license.
Royalty-free - A licensing method which allows repeated use and a user pay a one-off fee.
Stock content - Ready-to-use visuals (photographs, illustrations, vectors, footages) and audios clips that are crowdsourced
on a platform and are readily available for you to purchase the (licensing) rights to use them.
Stock content provider - A distribution platform for photographers, illustrators, and more to sell their content to the world.
The firm actually provides licensing and rights management services.
Watermark - An identifying image or pattern in paper that appears as various shades of lightness/darkness when viewed by
transmitted light, caused by thickness or density variations in the paper.
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Glossary
33

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Page 29
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Page 32
: © Vectors 123RF®
: © Photo 123RF®
: © Vectors StockUnlimited®
: © Vectors 123RF®
: © Photos 123RF®
: Macaque Monkey Selfie via Wikimedia Commons
: © Photo Bradley Cooper
: Mona Lisa via Wikimedia Commons
: Marilyn Monroe via Wikimedia Commons
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Attributions
34
Author
Co-written by
Editors
Illustrated by
: Jasmine Chee
: Alex P’ng
: Shireen Liew, Eunice Loh, Leigh-Andra Goh, Alex P’ng
Daphne Won, Justin Liew, Lim Wee Liang, Warren Leow
: Mohammad Faizal, Leigh-Andra Goh, Chia Han Rui

The (Almost) Complete Guide To Image Copyright

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