The Process for Requesting an Indemnification

What do you need to do?

1. Contact BeeldAnoniem (BA)
   Inform BeeldAnoniem that you cannot find or identify the rights holder of a specific photo or illustration. We will assess what steps you have already taken to locate the creator. For this, we provide a checklist that must be fully completed and signed to confirm that you have made a genuine effort to find the photographer or illustrator.
2. Submit a ‘Request for Indemnification’ Form
   Once the checklist is completed, we will send you a ‘Request for Indemnification’ form. On this form, you must specify:
   • The exact photo or illustration in question
   • The intended use of the image

   This information will have been shared with you earlier, along with a price estimate for the indemnification. The final fee is determined based on BA’s pricing list.

3. Required Information for Indemnification
   BeeldAnoniem will only provide indemnification if we receive the following:
   • A copy of the photo or illustration
   • The source where the image was found, and, if known, the creator’s name
   • A detailed description of how the image will be used, including type of publication, circulation, and format
4. Indemnification Conditions
   • We do not grant indemnification if we believe the indemnification fee is unlikely to cover a potential copyright claim. This decision depends on the type of use, the likelihood of finding the rights holder, and the market value of the image.
   • Third-party claims (e.g., portrait rights, trademark rights, etc.) are not covered. If the image contains a recognizable person, a trademark, or a specific building, you must obtain the necessary permissions separately.
5. Accepting the Terms
   • On the ‘Request for Indemnification’ form, you must confirm your agreement to the terms, including the understanding that you remain responsible for any third-party claims.
   • Based on your submission, BeeldAnoniem will then issue an indemnification certificate.

Guide & Checklist for Finding Copyright Holders

Before applying for indemnification, you must make a serious effort to find the rights holder. The following checklist outlines the steps you must take.

If the photographer or illustrator’s identity is known:

• Have you searched online for their most recent contact details?
• Have you checked archives for their contact information?
• Have you contacted professional photography or illustrator associations?
• If they were associated with a press agency, have you contacted the agency?
• If their work was exhibited in a gallery or museum, have you asked those institutions for contact details?
• Have you reached out to previous clients for contact information?
• If they published a book or were featured in a magazine, have you contacted the publisher?

If the image was found in a book:

• Is the creator’s name credited next to the image?
• Is their name mentioned elsewhere in the book?
• Does the book text reference them?
• Have you contacted the publisher, author, or editor for more information?
• Have you searched for the book or its contents online?
• Have you researched the book’s subject matter to see if the image appears elsewhere with credits?
• Have you searched relevant archives related to the book’s subject?

If the image was found online:

• Is the creator’s name mentioned next to the image or elsewhere on the website?
• Is their name in the metadata of the image?
• Have you contacted the website administrator or content author?
• Have you researched the topic of the website or image to see if it appears elsewhere with credits?
• Have you searched relevant archives linked to the image’s subject?

If the image was found in a (photo) archive:

• Have you checked the back of the photo for stamps or credits?
• Have you searched for similar images in the same or other archives?
• If a studio produced the image, have you searched for their contact details?

If the image was found on a postcard or poster:

• Have you checked the back for photographer/illustrator details?
• Have you contacted the postcard or poster publisher?
• Have you searched online for the publisher’s contact information?
• Have you researched the image’s subject matter for possible credits?
• Have you checked archives related to the image’s topic?

If the image was found in a newspaper or magazine:

• Is the creator’s name credited next to the image or elsewhere in the publication?
• Does the article text reference them?
• Have you contacted the newspaper or magazine’s publisher?
• If the image is linked to an article, have you asked the journalist for more information?
• Have you searched for the publication online to see if the image appears with credits?
• Have you researched the article’s topic for other credited instances of the image?
• Have you checked archives related to the publication’s subject?

By completing these steps, you demonstrate due diligence in locating the copyright holder. If all attempts fail, BeeldAnoniem may grant indemnification based on the provided evidence.

Request for Indemnification

If you have reviewed the information above and would like to submit a request for indemnification, you can fill out the form here:
👉 Request for Indemnification

Fees

If BeeldAnoniem grants you an indemnification, you will pay the standard publication fees according to according to the BeeldAnoniem Tariff sheet. BeeldAnoniem ensures that you, as the user, are legally protected against claims from copyright holders, both in and out of court.

The fees collected for indemnification are reserved for payments to rights holders if they are later identified. Any unpaid amounts remain allocated to cover potential risks and obligations arising from the indemnifications.

BeeldAnoniem is not a commercial organization. Its goal is to allow users to legally publish photos and illustrations while ensuring that archival images do not undermine the commercial opportunities of photographers and illustrators.