PHOTOS:
A Photographer Release is needed from each photographer on the photo shoot.
Questions to ask:
- Are there people in the photos?
You will need a signed model release from every person in that image. (Even if the person is an Amway employee or an ABO).
- Are there logos or icons on their clothing?
If so, they will need to be retouched out of the image or blurred so it is unrecognizable. If a power brand like Nike sees an image of someone representing the Amway brand wearing a Nike logo on their shirt, they could file suit against Amway.
- Are there signs, logos, or icons in the background of the image?
These will need to be retouched out of the image as well. A popular restaurant like a McDonald’s or even a sign in the background? – This needs to be removed too. These are protected under trademark law.
- Are there famous buildings or landmarks in the image?
Any building built after December 1, 1990 may be subject to copyright law. Make sure you have a location release or special release to have the building in the background. There may be laws that protect landmarks and historical buildings. Statues and monuments are protected by copyright. There could also be unfair, competition/implied endorsement issues with some buildings.
- When in doubt, contact your local Legal Department.
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VIDEOS:
A videographer Release is needed from the person creating, editing, or filming the video.
Just like an image asset, you have to ask some important questions including any music or animations.
Questions to ask:
- Is there music in the video?
Music releases are required. It’s possible you will need releases for composers, performers, and anything that has been synchronized. Corporate advises against using music from stock houses. Try to get it created for your project whenever possible or use the Music Library. If you use a stock house, the stock house will need to sign an Amway Music Release giving Amway rights to use it in the video. ALWAYS get approval from your Legal Dept before uploading any video with music to BrandNext.
- Are there people in the video?
Each person needs to sign a model release (even employees and ABOs).
- Is there a voice over (narrator)?
That person needs to sign a voice over model release.
- Are there logos or icons on their clothing?
If so, those will need to be retouched out or blurred so they are unrecognizable. If a power brand like Nike sees an image of someone representing the Amway brand wearing a Nike logo on their shirt, they could file suit against Amway.
- Are there signs, logos, icons in the background of the image?
Those will need to be removed or blurred out of the video as well. A popular restaurant like McDonald’s or it’s sign in the background? – This needs to be removed too.
Are there famous buildings or landmarks in the image? Make sure you have a location release or special release to have the building in the background
When in doubt, contact your Legal Department. They will help you.
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STOCK IMAGES:
Most stock images carry restrictions that prohibit them from being loaded to a DAM system as an individual asset. This is true for Royalty Free images as well.
Carefully read the type of licensing you are agreeing to when purchasing stock images.
An example of verbiage taken from a stock house license reads:
“licensee” may not:
a) Make the licensed material available (separate from the licensee work in any medium accessible by persons other than authorized users; or
b) make the licensed material available in a manner intended to allow or invite a third party to download, extract, redistribute or access the licensed material as a standalone file”
Stock house licenses may allow images to be loaded in finished pieces only (pdfs and non-editable videos) with special permission
Assets must be obtained from a stock house approved by your legal department.
It is best to work with your legal department whenever purchasing stock images with the intent that the final asset will be loaded to BrandNext. |