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Principles
In order to enliven our audit reports, we often use photographs, diagrams, graphs and other visual items. These images make the reports more accessible to general readers. However, internet search functions often allow readers to trace the source of individual items within reports. There are thus risks in using information, pictures, images etc. available on the internet.
The basic characteristics of the copyright concept are the following:
- it is automatic –does not require registration
- differs in different countries
- economic (transferable) and moral (Non-transferable) rights
- does not apply to the idea or information per se, only to its expression/presentation
- has limitations for legal documents, public persons and news publications
- applies only to original work
- expires 70 years after the death or original publication
The big image/photo companies track the usage of their images, and are keen to lay claim to their rights. In some cases they have a special team to trace their images on the internet. There are thus financial and reputational risks to the ECA if we use images without due care.
Instructions
As a consequence, unless we have the appropriate authorisation, or when the copyright notice states otherwise, we should not use images, graphs, photographs, symbols, music, videos etc. sourced externally – such as from the internet or printed publications. Nor should we modify or translate the images and graphs and then use them.
Good practice therefore requires authors to check the copyright notice of any internet page, publication, or individual item before using it in a report.
It is important to stress that even photographs taken by the EU staff may also contain items protected by copyright, such as private property or, for certain buildings, architects’ ‘moral rights’.
It is not always the website or publication which is the real owner of the copyright of the images they contain; sometimes images appear as 3rd party material. These cases have to be examined separately and, if necessary, a special agreement must be signed with the copyright holder. If in doubt, auditors should always ask for advice - from the ECA Publications team - before including any such third party material.
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