You found the perfect picture on Pinterest for your brochure or website. It perfectly shows the image you’re trying to convey. The colors are just right, the image is just what you were looking for, and, best of all, it’s free. After all, it was just sitting there online for anyone to use, right? Actually, not so much. If you use it without checking, you’re likely to run afoul of copyright law.
As lawyer Sara Hawkins explains in an article on her website www.sarafhawkins.com entitled Law and Etiquette for Using Photos Online:
“What is Copyright? Copyright is protection created by the US Constitution that gives virtually every author the exclusive right to use or reproduce their work. This is a United States federal law and, therefore, uniform across all states. And, as the US Government has signed on to a variety of international copyright agreements protection is essentially worldwide. This makes photo copyright laws very broadly applicable to online content creators.
US Copyright is a protection that applies to original works of authorship fixed in a tangible medium. “Original” means that an author produced a work by his or her own intellectual effort instead of copying or modifying it from an existing work. “Fixed in a tangible medium” means that the work is able to be perceived, reproduced, or otherwise communicated. Your blog is the necessary ‘tangible medium’. (17 USC 102)”
What that means is that, in most cases, any picture taken by a photographer is protected under copyright law. They have exclusive control over how it is used and whether or not they want to charge for it. This is automatic as soon as the photo is taken. Use a photo without permission and you’re breaking the law and could be liable for damages. Always assume any photo you find online is copyrighted.
If you took the picture yourself, don’t worry. Unless you did it under a work for hire agreement, you own the image and can do whatever you want with it. You own the copyright. You made it, you own it.
What if it’s someone else’s image. Simply giving an attribution won’t protect you, unless the owner says it’s good enough. That’s the key. Find the copyright owner and ask permission to use the photo. Many photographers may be happy with a simple attribution so they can get the exposure. Some may want to charge you for the photos use. Some may say no. Don’t ask and you could receive a DCMA Takedown Notice if you’re using the image online or a Cease and Desist letter if you’re using it in print. Both can be avoided with a simple request.
A good way to avoid any problems is to use public domain images. There are numerous websites the offer millions of high quality images that are free to use any way you wish. Be sure to check the website terms of use as many don’t even require attribution. Other websites operate under Creative Commons Licenses. These sites do require attribution and often charge for a photos use. That fee varies depending on how you use the photo.
Photos add so much to websites and print material. They draw the eye to your message. Just make sure they don’t draw the attention of a mad owner. Respect copyrights and you’ll always be fine. Be sure to check the website terms of use as many don’t even require attribution. Other websites operate under Creative Commons Licenses. These sites do require attribution and often charge for a photos use. That fee varies depending on how you use the photo.
Photos add so much to websites and print material. They draw the eye to your message. Just make sure they don’t draw the attention of a mad owner. Respect copyrights and you’ll always be fine.