Rights and Clearance

ITN Source is an aggregator of content - the footage we represent comes from many different owners so the rights can vary. This section will help explain about the rights of the owners and the rights you have to use the footage.

What is Copyright?

Copyright is the legal authority for the owner of any creative work or image to exercise control over how it used by others. ITN Source represents footage from a number of partners and has the authority to administer their copyright.

What are Third Party rights?

ITN Source only provides footage that is owned by us or our partners. However sometimes there is more than one level of rights which apply. For example a piece of music may have rights that belong to the writer of the song, the musicians playing the music the producers of the recording and the distributor of the CD. In film and video there may be rights other than those which come from shooting the image such as personalities or celebrity image rights, privacy rights or specific rights that have been held back by contractual agreement with actors.

Can ITN Source help with Third Party clearance?

Yes, wherever possible we will give you as much information to help you find the other rights owners. In addition ITN Source is setting up a Rights Clearance service which will find and negotiate rights clearance on your behalf. This will be an additional service, for which we expect to charge a basic research fee and a commission on the value of clearances.

Why is Third Party rights clearance the responsibility of the user?

The user has responsibility for clearing third party rights because the rights needed will vary according to the usage, which is of course controlled by the user. For example a news image of a celebrity used in a factual documentary would probably not need additional clearance, but the same image used in an advertisement would require clearance.

Is ITN Source material public domain or can I claim Fair Use?

Some older material may be available through public domain sources, but footage supplied by ITN Source is not free even if it is out of copyright. ITN Source charges a licence fee to cover costs such as preserving, maintaining and supplying footage, even PD footage. The Terms and Conditions state that footage supplied by ITN Source can only be used as licensed, and cannot then be re-used as PD footage. Equally there is no claim of Fair Use or Fair Dealing on footage supplied by ITN Source. It is supplied only under the conditions set out in the licence which must be agreed first.

Is there anything the material cannot be used for?

Firstly the material must only be used in line with the terms of the licence you have been granted. Any other usage must be renegotiated. Sometimes ITN Source will ask for more information about certain uses, such as programme or context details. This can be for various reasons such as concern for the safety of news crews or because the material may be used in a way which damages the reputation of the content owner. We reserve the right to refuse to supply or licence footage if we feel it will be used in an inappropriate damaging way.

Why are there restrictions on the material?

ITN Source is able to grant worldwide licences for all the material that it owns or represents. From time to time, there will be a few exceptions and any restrictions relating to a particular piece of footage will be highlighted on the relevant shotlist. News events occur anywhere at any time and it is not always possible for organisations such as ITN, Reuters or Fox to get their own crew to the scene immediately. Sometimes TV news companies obtain pictures from local sources and, consequently, there are items within our holdings that ITN Archive cannot license. However, these items are clearly marked on our shotlists and our team of researchers is always on hand to guide customers through the copyright status of all of our stories.

Can I use programmes and films?

Some programme material is not available without permission from third parties such as actors or personalities. Unfortunately these restrictions cannot always be publicly displayed on shotlists because it is included within commercially sensitive programme and contract information. When ordering programme material ITN Source will complete a rights check and advise you if further permission is needed. owners or original source and this will be highlighted on the relevant shotlist. Sometimes the Finally, ITN Archive has a duty to ensure that footage is used in a responsible way. Whilst we are happy to supply our material to third parties, we reserve the right to refuse any request for footage if we feel that it might be used in an inappropriate way.