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

11 Dec. 2014 - - Total Reads 11,738

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: 11.7K

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

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

Testimonials

I work with AndMine for my web development and website content management. Changes are always made quickly and I'm kept in the loop at all times - the website continues to generate awesome results. Jason Digby, Eatmusik

More Testimonials
AndMine-Google-Partner-Signature