Copyright is a form of intellectual property and legal protection that gives the author of an original creative work certain exclusive rights to the work created. Copyright protection provides the author(s) of a creative work the exclusive right to display, reproduce, distribute, and financially benefit from the work they create.
Can I submit content that contains copyrighted works for commercial use?
Yes, copyrighted works, such as artwork, photographs, sculptures, and other creative works, can be depicted in commercial content if you have permission from the copyright owner to include them in your content. For example, a property release signed by the work's copyright owner must accompany the submission. Property releases protect both Shutterstock contributors and customers from potential claims of copyright infringement.
When do I use a property release for content containing works?
Generally, it is in your best interest to provide a property release whenever a commercial image or video depicts a copyrighted work. For specific details on when property releases may be required, see our Content Publishing Standards: Intellectual Property page.
As an example, if the image below were to be submitted to Shutterstock, a property release from the copyright owner of the painting would be required for it to be accepted for commercial use.
605954888 by Serg Zastavkin
What can I do if my content contains copyrighted works?
Generally speaking, if you intend to submit commercial content that contains copyrighted works, you must submit property releases from the copyright owners.
Review our Content Publishing Standards: Intellectual Property article containing examples of many different types of artwork and their property release requirements.
Fill out a property release according to our property release requirements for each copyrighted work in each image or video you submit.
For example, if an image depicts a person with a tattoo and a painting hanging on a wall in a room, two property releases are needed. The tattoo artist will need to sign a property release for the tattoo and the painter will need to sign a property release for the painting.
Tip: If the property owner can easily recognize the room interior, that property owner will need to sign a third property release.
Have the property release signed by the copyright owner granting you permission to use their material in your content.
After uploading your content, attach any releases using the Releases section of the Submit Content page. Ensure each release is attached to the appropriate image or video.
Tip: When uploading new releases, correctly designate the release type: a property release must be designated as a property release, not as a model release, and vice versa.
You may also submit the content as editorial if it meets applicable standards.
Shutterstock's blank release forms are available here and uploaded into your account. Releases can also be submitted digitally from start to finish. We recommend providing a visual reference image of the original copyrighted work when submitting a property release.
If I own a copyrighted work, does that mean I own the copyright?
Owning a copyrighted work, such as a painting, drawing, sculpture, or piece of literature, doesn’t necessarily mean you hold the copyright to that work. Unless you created the work yourself, the copyright ownership most likely belongs to someone else, which requires the copyright holder to sign a property release.
For example, you can own a Pablo Picasso painting, but possessing the physical work does not mean owning the copyright.
You can learn more about our general legal documentation requirements here.