Editorial vs. Commercial Use of Photos

Understanding the Difference Between the Two Photo Types

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photographer at photo shoot
(Matthias Blonski/Unsplash)

Adding images to your blog post, news article, advertisement, brochure or any other form of written content is an important part of drawing in audiences. But the use of these images often requires a licensing agreement. 

The rules surrounding a licensing agreement will differ depending on whether your organization wants to use a commercial or editorial photo. While each photo type has its own intended purpose and goal, it is important to know the differences so you can cite the photographer and educate your audience properly.
 


Editorial vs. Commercial Content and Photography

What Are Commercial Photographs?

Commercial images are intended for advertising a product or service. Organizations will often use stock photography for commercial purposes since they are not tied to a logo or brand and can be digitally enhanced or manipulated to suit the needs of the post. 
 

Where Is Commercial Content Placed?

Commercial photos and content are used for promotional purposes and can be used as part of:

  • Brochures
  • Billboards
  • Online advertisements
  • Websites
  • Product packaging
  • Book covers
  • Blogs 
  • Social media posts


How Do I Get Permission to Use Commercial Photos?

If a commercial photograph shows branded products, recognizable people and/or private property, one must obtain the proper legal permission to publish it. Typically, there is a property release form exchanged between the client, photographer and subjects of the image. These forms outline the terms of use and are meant to protect the photographer. It’s important to note that commercial photographs can be leased for a specific period of time and for specific uses.

If you are unsure of the rights granted to your media organization through a licensing service or agreement, make sure to consult with your legal team.
 

What Is an Editorial Photograph?

An editorial photo is used to share a news story or an event. It cannot be used for promotional and marketing purposes. These photographs can include logos and recognizable people since the image is intended for educational use.
 

Where Is Editorial Content Placed?

Editorial content can be placed in:

  • News articles
  • Essays
  • Documentaries
  • Textbooks
  • Travel pieces


Since the people included in the photograph are not contracted models and have not given explicit permission to reuse their images, editorial images should only be used in a journalistic way. They typically run alongside written text in publications to help better tell a story and educate readers. They should not be used in conjunction with advertising.
 

How Do I Get Permission to Use Editorial Photos?

Like commercial photography, the use of an editorial photo often requires a licensing agreement, as the photos are either owned by a publication or specific photographer. Often, these contracts only allow editorial photos to be licensed for a set use of time.

 

Examples of Commercial Photography

Family at Halloween
A family is photographed in their Halloween costumes. (istockphoto)

 

Athlete playing hockey.
An athlete is photographed playing hockey. (istockphoto)

 

A woman wearing jewelry.
A woman is photographed wearing jewelry. (istockphoto)


Examples of Editorial Photography

Star Wars character Chewbacca is photographed at a Disney Resort.
Star Wars character Chewbacca is photographed at a Disney Resort. (Todd Anderson for The New York Times)

 

The U.S. Olympic Women’s Ice Hockey Team winning gold.
The U.S. Olympic Women’s Ice Hockey Team embraces each other as they celebrate winning the Gold Medal after defeating Canada on Thursday, Feb. 22, 2022. (Chang W. Lee/The New York Times)

 

A model during the winter 2022 Paris Fashion Week.
A model is photographed during the winter 2022 Paris Fashion Week. (Valerio Mezzanotti for The New York Times)


Final Thoughts

Utilizing both editorial and commercial photographs is a fantastic way to supplement and help tell your story. The New York Times Licensing Group has an extensive content portfolio with multiple media types for all your content needs. We offer photos on a wide variety of subjects, from pivotal historical moments to stunning travel photography. Bring your stories to life through our award-winning photojournalism and explore our collections here.
 

Bring your stories to life through our award-winning images.
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