Copyright Images: Can I use this image on my website?

11 Dec. 2014 - - Total Reads 10,928

Copyright Images

If you’ve ever written a blog, launched a website or published anything in the online space then you’ve probably wondered whether or not you’re allowed to use a particular image sourced from another site on the web. Those are copyright images that others cannot use. Most people want to do the right thing, but using good quality images in a post or an info page just makes for a far more engaging piece of communication. You’ve also probably noticed that most online publishers use a lot of commercial images and wondered how they would ever request permission for all those images. Publishers like Buzzfeed churn out image-heavy content all day, every day, and they are a profit-making business.
“If they can do it, why can’t I?”
Sites like this can legally use copyright images under the exception of fair use (USA) or fair dealing (Australia). This exception applies to cases such as the following: criticism, parody, news reporting, research and teaching. News and satirical publishers like Buzzfeed, Mashable or Perez Hilton would cite either news reporting or Parody as case for fair-use or fair-dealing. There are differences in the laws for both countries, but in circumstances like this they are consistent. Memes fit under the parody exception, which is part of the reason they are able to go viral so quickly as almost all are based on copyrighted material. So basically they are copyright images.   Copyright Images

“I found this image on Google image search, can I use it?”

We get this question a lot from clients who run commercial websites. The answer is usually no. If you have a website that’s promoting your business or selling products or services online, then it will likely be deemed commercial use. If your commercial website runs a blog, then you may be able to claim fair-use within posts recommending products or talking about industry issues and the image is relevant. Those are copyright images. If you want to use an image that you don’t own on your website, you have four practical options:

Option A:

Buy a camera.

Option B:

Source an image from the creative commons. There are a number of sites online that are repositories for images with lapsed copyright. Copyright is automatically held 50 years and can be renewed if required so generally you’ll only find little old ladies in petticoats and turn of the century children’s illustrations in these resources.

Option C:

Purchase an image from a stock photography website like istock.com, which provide you with a limited licence to use that image. If you have a commercial website but don’t want to invest in a professional photo shoot, then this is your best bet.

Option D:

Be confident that your use of the image falls under the exception of fair-use or fair dealing.  If you are unsure it is best to err on the side of caution; however in most jurisdictions, copyright holders are required to issue a cease and desist order before taking action. This gives the publisher an opportunity to take the image down from a website. It’s a lot easier to do in the online environment than a printed publication, so the risk to website publisher’s is minimal.

Different types of IP Copyright/ Copyright Images

If you are the creator you don’t need to copyright your work. Copyright is automatic and doesn’t require the author to fill out any special paperwork. The use of the (C) and year are traditionally used to mark the year the work was produced, making copyright valid from that date.

Trademarks

Very different to copyright and legally registers a name, phrase or symbol to the owner. Trademarks are used to protect businesses from other’s trading and benefiting off their name and good will. Trademarks are not automatic and require a thorough application process in each country required to protect the property.

Patents

Applicable to inventions, patents are to protect inventors from having their ideas and concepts stolen or replicated. Patents also play an important part in protecting investors who spend large sums developing new products. If patents weren’t enforced, there would be nothing stopping rivals copying each others’ products and create little incentive for investment in new ideas.

Michael Simonetti, BSc BE MTE
Posted by:

Post Reads: 10.9K

Share this
Comments
FreyaAlvarado Said :
"Hi to every body, it's my first visit of this blog; this webpage contains amazing and genuinely fine material designed for readers."

Trusted by

Passage To India
Microsoft Certified Azure Fundamentals
Chia
Fit My Car
Fairfax Media
Parker Lane
Tomorrow Stars Basketball
Federation University Australia
iPrimus
liberal
Carlton Football Club
Engineers Without Borders
Dial Before You Dig
Oracle
work and training logo
Arc One
Grays Ecommerce
Palace Cinemas
Liveoneday
Bostik
RMIT University
Tassal
Ubertas Group
Eway
Madman Entertainment
The Fortune Institute
CAN- Common Wealth Bank
Melbourne Central
Bank of Cyprus
Plants
Positive Poster
Vendor Advocacy Australia
NMI Insurance
Watches of Switzerland
Matchbox Homewares
Rock Pool Group
MyAccount
ctc logo
ACTUATE IP
aga logo
Melrose MCT
Launtel
ABC
SMH – The Sydney Morning Herald
Jalna
mas national logo
Grow Your Business
Engine Swim
Herbert Smith Freehills
Unsw Australia
Amino Active
Street Kitchen
Catholic Insurance
ATT logo
intowork logo
Peter Mac
One Shift
Elucent
ISO Certified
Focus On Furniture
BlackMores
Gilbert+Tobin
Uber
Melbourne Heart
Metricon
Paypal
Cleanfit
AC/DC
Maxine
OMS – Order Management System
Cronos Australia
Moov Head Lice
Castran Gilbert
Telstra
Mamma Lucia
The Burger Cheese
WTFN
Bulk Nutrients
GooglePlay
Loan Market
Switzer Media+Publishing
Wild Rhino Shoes
Bondi Sands
ISO CERTIFIED 27001
Schiavello
Instant RockStar
Mecca Brands
Victorian Government
Novvi
Bolle Safety
Australian Government
itfe logo
htn logo
Green St Juice CO
Forbes
Viktoria & Woods
SunSense Digital Agency
Sports Power
Magento
NGS Super
News
MAP
Aqium Gel
ADP Payroll
Federation Square
Fast.co
Beaumont
OJAY
SwinBurne University of Technology
Bintani Australia
interact logo
Movember
Atlantic Group of Companies
Melbourne Sports and Aquatic Centre – MSAC
HGG 
Rackspace
Celebrate Health
21st Century Australia Party
Heat Holders
Cooper Mills
CCI
Tek Ocean
Van Egmond Group
Florsheim Shoes
Globird
Scrum.org
Arthur Galan
kestrel logo
Xavier
Kay&Burton
Thomson Geer
Naturtint
Melrose Health
King Wood Mallesons
Crumpler
LBG Australia and New Zealand
Passage Foods
nara logo
Oakdale Meat Co
Macmillan Publishing
Dinosaur Designs
University of South Australia
CB Richard Ellis
Shell
National Museum of Australia
Google
Coles
learning partners logo
PranaOn
TPP
Ello
DeeWhy Market
Rydges
Smart Company
Sunday Creek
Vitura Health
Drupal
Ebay
McArthur Skincare
National Relay Services
Hanover
OpenAI
Etihad Stadium
Garmin
Taylor Rose
Associated Press
The Age
nextgenskills logo
The Royal Melbourne Hospital
Max’s
Bigcommerce
James Buyer Advocates
Acquia Certified Site Builder Drupal
help logo
Toy World
Australian Anthill
Tribe
GPT Group
Fresh Cheese Company
Gadens
The Canberra Times
Ego Pharmaceuticals
Inferflora
Grainshaker
Natralus Australia
Hairhouse Warehouse
Brisbane Times
Kadac
findstaff logo
Jetstar
POSTER Magazine
Australian Physiotherapy Association
Craft CMS
High Street Armadale
Boston Consulting Group
French Tables
Royal Freemasons
Appstore
Macpherson Kelley
intojobs logo
Cell Therapies
Adobe Professional
skillhire logo
Banki Haddock Fiora
The University Of Melbourne
Australian Organic Food CO
Windsorsmith
131 Pizza
DUSA, Deakin University Student Association
QV Skincare
Think & Grow Rich Inc
Mark Alexander Design
White Suede
NextTech
Marshall White
Magento Solution Specialist
VISSF
Toni&Guy

Testimonials

Michael and his team have just launched our new website and the team at AndMine have been professional and a pleasure to deal with. From the very start, it was evident that Michael was able to deliver a first class website and gave great advice about social media and other tools we need to consider, given the nature of our business. After several design phases, we worked closely together and achieved a result that we are very happy with. I wouldn’t hesitate recommending AndMine for web and online marketing related services. Illona Vak, C Squared Executive

More Testimonials
AndMine-Google-Partner-Signature