O3 Consulting Inc

Image copyrights: finding images and avoiding a lawsuit

by

Carol

A client who manages content on their own website recently contacted us about a claim that they had been using a copyrighted image without paying. The copyright company PicRights.com emailed them demanding $300 for use of the image for the year and a half it was posted on their website. The website is for a non-profit that promotes seminars and classes.

I encouraged them to confirm that the image was, indeed, one of the images offered by the photo company represented by PicRights. It was. I suggested they might try negotiating the price. Although the image could have been licensed for about $50 for a year, that price doesn’t include a penalty for using the image without permission. Should the issue go to court, it’s likely such damages would be added onto the price of the actual image license.

If you want to read more about this type of situation:

In 2018, our local newspaper reported about costly mistake a local medical provider made – using a medical illustration without permission on their website. Usually, this type of permission can be obtained via a formal request and certain amount of money exchanged, anywhere from free to a few thousand dollars. Their copyright infringement means the clinic is facing damages “…for violations of the copyright law generally rang[ing] from $750 to $30,000 and can reach $150,000 if ‘reckless disregard’ for the law comes into play” (via SJ-R.com).

“Just get some photos from the internet.”

Clients sometimes ask us to “get some photos from the internet” or ask us to retrieve a specific photo that doesn’t have copyright information. Our non-profit clients may not have a big budget for purchasing stock images from Getty or Mauritius-Images.com. What are the rules about online photos, and what cost-effective options do youhave?

Basic Rules

1. Everything online is copyrighted by default.

Fair Use and Public Domain images are exceptions. The vast majority of images are copyrighted.  It doesn’t matter if the image has been used by 100 other websites or on Facebook – you have no way of knowing whether they paid for the use or not, and if your use is found by an automated search by an image rights company, it won’t matter anyway.

2. If the copyright status isn’t specifically documented, don’t use it without permission.

Better safe than sorry, especially when sorry can mean losing an expensive lawsuit.

Sometimes you can use an image if:

  1. It’s in the public domain
  2. It has a Creative Commons license and can be used with proper attribution
  3. You have purchased rights or received explicit permission
  4. Images created by you or for you by a friend, staff, or volunteer

3. Decide how you will source photos based on your budget, timeframe and resources.

Some ways to source photos are below.

Find and Use Public Domain Photos

This "Macaca nigra self-portrait" is in the public domain, because a person did not take it, the monkey did.
This “Macaca nigra self-portrait” is in the public domain, because a person did not take it, the monkey did.

Some images are in the “public domain” and not protected by intellectual property laws (copyright, trademark), and can be used by anyone without needing permission. Some images are in the public domain by default, such as those taken by a government employee in the course of their duties, such as while being an active service member of the US Military or a National Park employee.

Some images enter the public domain for other reasons: either the copyright has expired (which can take decades – generally 70 years after the original creator’s death, although there are various exceptions), the original creator failed to renew their copywright or didn’t follow the renewal rules, the original creator has “dedicated” their work to the public domain, or copyright law does not protect the type of work (such government photos or even animal-made art).

Some Public Domain Repositories:

Some Government Repositories:

Learn more about Public Domain here…

Find & Use Creative Commons Images

Creative Commons is a global nonprofit organization that, “…provides free, easy-to-use copyright licenses to make a simple and standardized way to give the public permission to share and use your creative work–on conditions of your choice” (via Creative Commons.) In many web locations, copyright status is generally documented via Creative Commons: Flickr, Wikimedia Commons, etc.

Most creative commons-licensed images require attribution, meaning you need to give the content creator some type of credit, usually with a link to the source in a caption or at the end of your article in an acknowledgements section. If you plan to use these resources, ALWAYS check the Creative Commons licensing before you download a photo to see what the use restrictions are, and then attribute the author accordingly. Read about the different Creative Commons license types here…

Ask Permission

We post content for some of our non-profit client sites, including photos. In some cases, we can’t find a creative commons photo that fills the need. In that case, we’ve had success contacting the photographer, explaining the non-profit use, and asking the photographer on Flickr if we could use his/her photo if we attributed it. Usually the website will provide an direct avenue to request permission from the content author, either a contact form or an email address.

Pay a Photographer for a Photo

Sometimes you can purchase a specific photo directly from a photographer – usually for a specific period of time and for a specific use. Expect to pay a lot if you are selling something that displays someone else’s photo.

Purchase Stock Images

Sometimes we use stock photos when the client doesn’t have the budget for a professional photographer, doesn’t have the skills or equipment to take their own photos, or just doesn’t want to take photos. Bigstockphoto.com and iStockPhoto.com two repositories with reasonable pricing. A pricier option is GettyImages.com.

Sometimes using stock photos is a good option, especially to add visual interest and when the budget or timeframe is tight. However, much of the time it’s easy to spot stock images. Extensive use of stock photos, especially people and technology photos, can result in a generic look for your website.

Additional paid stock photo alternatives…

Embed Images from Stock Photo Companies

Embedding means to display a part of a website inside a different website. This means that the original creator still hosts the content, and any reader can easily find the original content source. GettyImages.com allows non-commerical websites or non-commerical blogs to embed their content for free as long as the use follows their Terms of Use. Embedding their images provides a legal way to utilize premium content while respecting creators’ rights, including the opportunity to generate licensing revenue.

Hire a Professional Photographer

The ultimate in unique and professional images is hiring your own photographer. Consider having a professional photographer take photos of your staff or board. If you can afford it, professional photos of your office, your products, or your work is an investment that can be used for years.

Create your own unique images

Taking and using your own unique images can be the least expensive way to add visual interest – and to make a website warm and personal. Whenever you have an event or news, have someone take photos. Photos unique to your business or organization are likely to be more effective than stock photos. Make an effort to be sure images are relevant, in-focus, high resolution (which should be optimized and resized before posting online)  and well thought-out. Avoid taking photos with telephone poles growing out of people’s heads, stop signs in front of your building, or glaring ceiling lights washing out the faces of your celebrity keynote speaker. With a little practice, planning and care, a cell phone can take great photos and videos.