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

11 Dec. 2014 - - Total Reads 11,732

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

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

Testimonials

Metricon recently worked with AndMine on a major online brand promotion. We were impressed with AndMine’s thinking from concept stage through to campaign execution. We would not hesitate to brief AndMine again on future projects. Yvonne Abood, Marketing Manager, Metricon Homes

More Testimonials
AndMine-Google-Partner-Signature