FAQ: USER TERMS
When you buy creative artwork that is protected by copyright, you are supplied with an electronic file and a license to use it in a particular way. Two standard licenses are offered for Graphic News: A Personal Education License and a Professional Editorial License. A Personal Educational License allows use for personal interest and by a teacher for classroom teaching. A Professional Editorial License allows sharing within an organization and publications in print, digital and social media. For futher details consult the full USER TERMSFAQ: Am I permitted to publish on my personal blog with a Personal Educational License?
Yes, you can publish on a personal non-commercial blog or website provided it really is educational (designed to give information rather than simply to attract advertising), has less than 1000 unique visitors each month, and for which less than Euro 200 advertising revenue accrues each month. If you are not sure Contact Us.
FAQ: Can I use a graphic to make a picture for my home if this is for my personal use?
Yes, you could use a graphic obtained with a Personal Educational License, because graphics contain words and are therefore considered to be educational. You might however wish to Contact Us to obtain a PDF (rather than the JPG available with a Personal Educational License) so that it can be enlarged without loss of definition.
Caricatures, photographs and artwork have no words so cannot be considered as educational. Contact us for these as they are usually availble at very reasonable rates.
Caricatures, photographs and artwork have no words so cannot be considered as educational. Contact us for these as they are usually availble at very reasonable rates.
FAQ: What license do I need if I want to use a graphic for visual reference to produce my own version?
If you are an artist producing graphics as part of your "job" this use would be classed as "commercial". You would therefore need a Professional Editorial License. You should also remember that the separate drawn elements as well as the overall design are protected by copyright so without a license you risk receiving a bill for unlicensed usage.
For artists and agencies working for clients (rather than their employer), special rates are possible, and the license can be re-assigned to the client.
For artists and agencies working for clients (rather than their employer), special rates are possible, and the license can be re-assigned to the client.
FAQ: I am an artist. Can I use content in projects for my customers? (Receive a referral fee)
Yes, but Contact Us.
• Although the online license is initially for the company or person that purchases items, we can simply assign rights to your customer as well. This avoids the danger of our accusing your customer of using without permission!
• Remember that you can use what we supply as a starting point to create exclusive and original versions for your clients. This is because the license we offer allows content to be modified or the drawn elements used separately, subject of course to the Terms of Use.
• Artists using our content creatively in this way are eligible for a "referral fee" of between 10% (for a single graphic) and 30% (for major packages).
• Although the online license is initially for the company or person that purchases items, we can simply assign rights to your customer as well. This avoids the danger of our accusing your customer of using without permission!
• Remember that you can use what we supply as a starting point to create exclusive and original versions for your clients. This is because the license we offer allows content to be modified or the drawn elements used separately, subject of course to the Terms of Use.
• Artists using our content creatively in this way are eligible for a "referral fee" of between 10% (for a single graphic) and 30% (for major packages).
FAQ: What does Editorial use mean in the context of a Professional Editorial License?
Editorial essentially means as used by an editor in a newspaper – to provide information. So if content is used on mugs or T-shirts, for example, this is clearly commercial and not editorial. The distinction is however less clear if Content is used as click-bait (i.e. primarily to attract advertising revenue), or when Content is placed adjacent to a related advertisement (and could therefore boost the credibility of the advert), or used on a front page or poster advertising a magazine or newspaper. Particular care should be taken when using event logos, because usage could conflict with commercial sponsors (who would undoubtedly take legal action to protect their investment). If a publisher is uncertain whether their proposed usage is editorial or not, they are advised to consult their legal representatives as they are responsible for what they publish.
FAQ: What should we do if a graphic contains information that we are not allowed to publish in our country?
As you are responsible for what you publish it is up to you to modify the graphic in such a way as to make it acceptable. For example, you might remove a disputed border from a map, or change the name of a location such as the East Sea to the Sea of Japan or vice versa. (It can be helpful though if you let us know of difficulties of this sort so we can alert users when they download a graphic.)
FAQ: Is there any limit to how long a graphic can be kept on a web page?
No, but content published on web pages may not be used as a resource for content to be published in an alternative context. It should also be noted that the USER TERMS have a provision that requires a publisher to remove Content or replace it with an updated version if reasonably requested so to do.
FAQ: Why is proper crediting important to copyright owners? How should content be credited?
Proper crediting is necessary to protect copyright because it tells potential users that a license is required and where to obtain it from. The USER TERMS describe how content should be credited.
FAQ: Why can't a guarantee be given that the content supplied is suitable for publication?
Publishers would obviously like Contributors to indemnify them against actions from third parties, but this is complicated by a number of factors:
• The interpretation of what is accepted as editorial can vary between countries and can vary over time.
• There are restrictions about what can be published in different countries.
• Graphics are composite products that may include elements that are licensed in.
• The context in which content is published can determine whether this publication is editorial or not.
• The copyright of drawn artwork is different from that of photographs or text.
• Content can be modified by a Publisher.
Due to these problems it is almost impossible for Contributors to get insurance against third party actions, and even if they did the involvement of an insurer could introduce delays that could irritate not only the complainant but also publishers.
Without insurance a Publisher with indemnity could pay compensation to a third party whether or not compensation was justified or not and then pursue the Contributor to refund not only this but also their own legal costs. As Publishers are generally far larger than contributors and, due to the nature of their business, frequently have large experienced legal teams, agreeing to indemnify a Publisher would therefore be like signing a blank cheque. And anyway, even without indemnity the legal weight of a Publisher means they are quite able to protect their interests without Contributors agreeing an indemnity.
Instead, Contributors agree to take all reasonable efforts to make sure Content is suitable for the permitted use and that any required third party permissions have been obtained. They agree to respond without delay should problems arise according to a clearly defined complaint procedure. Fortunately very few complaints are received, but where they have been, this procedure has enabled them to be resolved quickly and effectively regardless of the legal position, and without incurring prohibitive legal costs.
• The interpretation of what is accepted as editorial can vary between countries and can vary over time.
• There are restrictions about what can be published in different countries.
• Graphics are composite products that may include elements that are licensed in.
• The context in which content is published can determine whether this publication is editorial or not.
• The copyright of drawn artwork is different from that of photographs or text.
• Content can be modified by a Publisher.
Due to these problems it is almost impossible for Contributors to get insurance against third party actions, and even if they did the involvement of an insurer could introduce delays that could irritate not only the complainant but also publishers.
Without insurance a Publisher with indemnity could pay compensation to a third party whether or not compensation was justified or not and then pursue the Contributor to refund not only this but also their own legal costs. As Publishers are generally far larger than contributors and, due to the nature of their business, frequently have large experienced legal teams, agreeing to indemnify a Publisher would therefore be like signing a blank cheque. And anyway, even without indemnity the legal weight of a Publisher means they are quite able to protect their interests without Contributors agreeing an indemnity.
Instead, Contributors agree to take all reasonable efforts to make sure Content is suitable for the permitted use and that any required third party permissions have been obtained. They agree to respond without delay should problems arise according to a clearly defined complaint procedure. Fortunately very few complaints are received, but where they have been, this procedure has enabled them to be resolved quickly and effectively regardless of the legal position, and without incurring prohibitive legal costs.
FAQ: How do I know what the Terms are if you can modify them at any time?
The User Terms include a provision that allows them to be updated by simply posting the revised version on the Website. Users shouldn't worry that they will suddenly find themselves subject to unacceptable terms because such changes have to be reasonable, and in fact since 1991, when the Graphic News Service started, the Terms have only been changed three times - in 2008, in 2013 and now in 2019. These changes have been prompted by developments in the technology.
When changes are made Graphic News will notify Users:
• By including a notice with all invoices with a request to forward to the appropriate person.
• By posting a notice on the home page of the Graphic News Website.
• By sending a notice to all recipients of e-alerts and users with LoginIDs. A Publisher should contact Graphic News if they take issue with the proposed changes. If Graphic News is unable to resolve the issue within a further 30 days, Graphic News can - at their sole discretion - either terminate the agreement with that Publisher with 90 days notice, or more likely, allow that particular Publisher to opt for the previous User Terms until a solution can be found.
When changes are made Graphic News will notify Users:
• By including a notice with all invoices with a request to forward to the appropriate person.
• By posting a notice on the home page of the Graphic News Website.
• By sending a notice to all recipients of e-alerts and users with LoginIDs. A Publisher should contact Graphic News if they take issue with the proposed changes. If Graphic News is unable to resolve the issue within a further 30 days, Graphic News can - at their sole discretion - either terminate the agreement with that Publisher with 90 days notice, or more likely, allow that particular Publisher to opt for the previous User Terms until a solution can be found.
FAQ: Is there a limit in terms of when or how many times an infographic can be used?
When a license is obtained for a particular item there is no time limit. This is particularly useful for book publishers that need to do a reprint, or media publishers wanting to re-use content in different alternative applications and publications. Publishers with an "unlimited" subscription are only able to publish the items they download during the term of their subscription. This is because what they pay is not dependent on the number of items they download.
FAQ: Can graphics be broadcast on TV?
The standard editorial license gives permission to use graphics in print, digital and social media, but not to be broadcast on TV. This is because any photographs contained within a graphic will not have been licensed for TV. There may also be practical limitations because the resolution of photo elements within graphics and the style are not suitable for TV.