The Luupe

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Licensing Guide

Before you start licensing your work, here’s what you need to know about Commercial vs. Editorial Use — and how to ensure your content is properly categorized.

Commercial Use

What it means:
Buyers use these images to sell a product or service (think online ads, social media campaigns). The majority of content will fall in the commercial category.

What you need:

  • Model release if there’s a recognizable person / people
  • Property release if shot on private property or in a location with restrictions (e.g., museums, concert venues)
  • No visible copyrighted brands (Nike, Apple, Adidas, etc.) If this appears in images you think would be great for licensing, please retouch before submitting!

🚨 Rule of Thumb: If someone’s family or friend could recognize them, you need a release.

Your travel photography may qualify as commercial — as long as it doesn’t contain recognizable people without a release or restricted landmarks.

📣 Important! Graffiti, art, tattoos, and body art are protected by copyright laws and cannot be used commercially unless explicit permission is granted by the artist.

Editorial Use

What it means:
Newsworthy images used for journalistic, educational, or documentary purposes (think news articles, blog features, or books).

Key factors:

  • 🔹 Captures a real-life event as it happened? Editorial only.
  • 🔹 Features a celebrity or public figure? Editorial only.
  • 🔹 Features copyrighted brands? Editorial only.
  • 🔹 Unable to get releases for crowd shots, people in public spaces, private property, etc.? Editorial only.

📣 Important! A commercial image can be licensed for editorial use, but an editorial image cannot be licensed commercially. If your image is cleared for commercial use, submit it as commercial — it gives buyers more flexibility!

Known Image Restrictions

Some images can’t be sold commercially due to intellectual property, privacy, or property rights — think trademarks, iconic buildings, or celebrity likenesses. This guide highlights common restrictions, but it’s not exhaustive. Rules can vary based on context, so when in doubt, consult a legal expert or reach out!

Buildings & Landmarks

  • 30 St. Mary Axe: Also known as "The Gherkin" and "Swiss Re Building." Evaluated in cityscapes on a case-by-case basis.
  • 9/11 Memorial Museum: Not acceptable for commercial licensing.
  • Beijing National Stadium (Bird's Nest): 2008 Summer Olympics stadium. Depictions as the main/sole focus are prohibited.
  • Burj Khalifa: Depictions as the main focus require permission.
  • Cloud Gate ("The Bean"): Not acceptable for commercial licensing.
  • Eiffel Tower (Nighttime): The lighting design is protected under copyright and cannot be used for commercial licensing.
  • Hollywood Sign: Commercial licensing not permitted without permission.
  • Marina Bay Sands (Singapore): Depictions as the main focus require permission.
  • Rockefeller Center: Not acceptable for commercial licensing.
  • Statue of Liberty (Replicas): Commercial replicas are not permitted.
  • Tokyo Tower (Nighttime): The lighting design is protected under copyright.
  • Vessel at Hudson Yards: Not acceptable for commercial licensing.

Brands & Trademarks

  • 3M Products: Not acceptable for commercial licensing.
  • Absolut Vodka Bottle: The design is trademarked; not acceptable for commercial licensing.
  • Adidas: Trademark protected; depictions of trademarks or modified logos are not acceptable.
  • Airstream Trailers: The name and design are trademarked.
  • Apple: Includes iPhones, App Store Icon, AirPods, Vision Pro XR Goggles, etc. Not acceptable for commercial licensing.
  • Barbie (Mattel Products): Depictions of Barbie-related products, branding, or themes are prohibited.
  • Batmobile: Any representations of bat-like vehicles from the Batman franchise are unacceptable.
  • Beast Mode: Trademarked phrase; not acceptable for commercial use.
  • Build-A-Bear Workshop: Not acceptable for commercial licensing.
  • Christian Louboutin Shoes: The red-sole design is trademarked; not acceptable for commercial licensing.
  • Crayola Products: Trademark protected; not acceptable for commercial licensing.
  • Google Home/Google Nest: Not acceptable for commercial licensing.
  • John Deere Machinery: The name and color scheme are protected trademarks.
  • Lego & Duplo Building Sets: The name and designs are trademarked.
  • Louis Vuitton Products: Trademark protected; not acceptable for commercial licensing.
  • Monopoly: Not acceptable for commercial licensing.
  • Pac-Man: Trademarked; not acceptable for commercial licensing.
  • Pantone Colors: Trademarked color matching system.
  • Playmobil: Trademarked designs; not acceptable for commercial licensing.
  • Smiley Face (Trademarked Design): The yellow smiley face logo is protected.
  • Tiffany Blue (Trademarked Color): Not acceptable for commercial licensing.
  • Tootsie Roll Products: Trademarked; not acceptable for commercial licensing.
  • Universal Studios Branding: Not acceptable for commercial licensing.
  • WordPress: Trademarked; not acceptable for commercial licensing.
  • Zippo Lighters: Trademarked; not acceptable for commercial licensing.

Celebrities & Public Figures

  • Albert Einstein: Einstein’s likeness is trademarked and controlled by the Hebrew University of Jerusalem.
  • Bruce Lee Statue: Not acceptable for commercial licensing.
  • Donald Trump / MAGA Branding: Not acceptable for commercial licensing.
  • Elvis Presley & Impersonators: Depictions of Elvis are trademarked by Elvis Presley Enterprises.
  • Martin Luther King, Jr. Memorial: Not acceptable for commercial licensing.
  • Queen Elizabeth II: The name and likeness are protected.

Events & Organizations

  • Academy Awards (Oscar Statuette): The Oscar trophy is trademarked and copyrighted.
  • Blue Angels Airshow (U.S. Navy): Copyright protected; requires permission for commercial licensing.
  • Burning Man Festival: The Burning Man name and event imagery are protected trademarks.
  • Emmy Awards: The Emmy trophy design is trademarked.
  • Euro 2024 (UEFA): Official branding and event-related materials are protected.
  • FIFA World Cup: The trophy, branding, and logos are protected by FIFA.
  • March Madness (NCAA Tournament): The phrase is trademarked.
  • Olympic Symbols & Paris 2024 Olympics: The Olympic rings, branding, and event-related images are trademarked.
  • Rugby World Cup: Not acceptable for commercial licensing.
  • San Diego Zoo: Commercial licensing is not permitted without authorization.
  • SeaWorld: Branding and logos are trademarked.
  • United States Marine Corps (USMC): Military insignias and branding are protected.

Miscellaneous Restrictions

  • Australian Aboriginal Flag: Protected under copyright.
  • Cryptocurrency Logos (Ethereum, Tether, Dogecoin, etc.): Trademarked logos cannot be used commercially.
  • Flags of Countries, States, or Governments: Many are protected under copyright or trademark laws.
  • Graffiti & Street Art: Often protected by copyright laws unless explicit permission is granted by the artist.
  • Maps & Globes: Many commercially available maps are copyrighted.
  • NASA Logos & Space Imagery: NASA's insignia, logos, and mission patches are protected by law.
  • National Parks (e.g., Yellowstone, Yosemite, Grand Canyon): Commercial photography often requires permits.
  • Postage Stamps: Many are copyrighted and cannot be used commercially.
  • Public Transportation Systems (e.g., London Underground, NYC Subway): Branding and logos are trademarked.
  • Quotes & Sayings: Many popular phrases and slogans are trademarked.
  • Tattoos & Body Art: Some tattoo designs are copyrighted and cannot be used in commercial images.
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