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What is a commercial use of an image?

What exactly does commercial use of photos mean?

Was ist die kommerzielle Nutzung?

What is meant by commerical use of photos?

The commercial use of images means that, photos are used for any type of communication in the context of profit-making or commercial gain. The intention to make a profit or commercial gain is to be understood as broadly as possible and ranges from a classic company to a blogger or even to non-profit entities. So-called editorial uses of images are also classified as commercial and in the event that commercial uses of photos are excluded, they are also not permitted. Basically, any bonafide non-private use is actually commercial.

Examples for the commercial use of images.

The classic commercial uses of photos can be found in pretty much every area of ​​advertising, such as: Web, social media, blogs, presentations (PowerPoint), TV, film, video, multimedia, print or print products, advertisements, packaging and free Promotional items.

Commercial uses of images also include, for example, uses of photos by associations, foundations or clubs. These can, for example, serve the purpose of recruiting or retaining members of a club or association or an appeal for donations by a non-profit organization. At this point, however, it should be said that reatled to non-profit organizations sponsorship or special conditions for the use of images will always be considered by us. Be sure to contact us about this if this corresponds to your intended use.

Uses of pictures in newspapers, magazines, non-fiction books or news broadcasts are also commercial uses of photos and should not be confused with the classification of pictures for "editorial" use. The classification for "editorial use" of photos is based on an image's content and has nothing to do with the question of whether the images are used for private or commercial purposes.

The question of whether or not a use of photos is for commercial purposes is a controversial issue

There are numerous papers and court judgments on this question. You are only on the safe side when using photos in a bonafide private context. An advertising-free blog in which one reports only once about a product that one was given free of charge for evaluation already establishes a context in which the use of images is classified as commercial. A blog with advertising, naturally, too.

It should be noted that US law and some other jurisdictions have a specific approach referred to as "Fair use" that does allow for limited use of content, but is in itself controversial particulary from the perspecitve of artists.

One way. Then the other on appeal in this case, Brammer v. Violent Hues.

The U.S. Copyright Office states this.

Here are two more links on the subject:

https://artuk.org/about/what-is-non-commercial-use-vs-commercial-use

https://fairuse.stanford.edu/overview/releases/when/#commercial_uses

Find more information here

Other key items to be aware of:

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