Image Copyright Online

It may be cliché, but it’s true: ‘a picture’s worth a thousand words.’ This is why images and graphics are crucial for websites; readers quickly lose interest when bombarded with walls of text. Images also help to paint a picture of what the text is about. It’s been proven that articles with il­lus­tra­tive graphics or pho­tographs get 94% more total views than those without, and when it comes to e-commerce, 67% of consumers rate a product image as 'very im­por­tan­t' when making their pur­chas­ing decision. While you can always create the images and photos yourself, chances are you don’t have the resources to pro­fes­sion­al-quality images, which may have a negative impact on your rep­u­ta­tion among visitors. One option is to use someone else’s photos, but this can be prob­lem­at­ic if the images are protected by copyright.

Once an image is online, there’s no fool-proof way of pre­vent­ing it from being re-used; the data has already been shared so tech­ni­cal­ly anyone can copy it. You might think nothing of using that pretty sunset photo you found for your blog, but if the copyright holder hasn’t expressly made these images available to the public domain (the term given to content which isn’t owned or con­trolled by anyone), this is actually illegal. Many people believe that just because a photo is on the web, it’s free for the taking. In most countries, such as the UK, US, and Canada, as well as the EU, images are au­to­mat­i­cal­ly copy­right­ed, meaning it’s illegal to just take them.

A photo doesn’t need to be ac­com­pa­nied by a © or a watermark for it to be out of bounds. In the U.S., this has been the case since 1989 when the In­ter­na­tion­al Berne Con­ven­tion was signed, which is an agreement pro­tect­ing literary and artistic works and protects all 160 country members.

Copyright in­fringe­ment doesn’t just mean copying the whole image and using it elsewhere, it also means:

• Using parts of an image without per­mis­sion
• Not sticking to the terms of use
• Adapting an image without per­mis­sion
• Asking someone else to recreate the image

Many pho­tog­ra­phers, musicians, and writers actually want to share their work with others so the Creative Commons (CC) license offers another pos­si­bil­i­ty to the full copyright license. There are six different options:

• At­tri­bu­tion Non-Com­mer­cial No De­riv­a­tives
• At­tri­bu­tion Non-Com­mer­cial Share­Alike
• At­tri­bu­tion Non-Com­mer­cial
• At­tri­bu­tion No De­riv­a­tives
• At­tri­bu­tion Share­Alike
• At­tri­bu­tion

At­tri­bu­tion gives the most leeway since it allows content to be shared, tweaked, and built upon, even for com­mer­cial purposes! Just ensure that you credit the original creator. At­tri­bu­tion Non-com­mer­cial No De­riv­a­tives, on the other hand, is as re­stric­tive as it gets without slapping the full copyright license onto it. Works with this license can be shared, but not used com­mer­cial­ly or modified in any way. Naturally, the creator must be credited. You can find more in­for­ma­tion on the Creative Commons website. Once you have obtained content under a Creative Commons license, it cannot be revoked. On Flickr, you’ll find the relevant license clearly marked un­der­neath each photo. It’s even possible to filter your search in order to ensure you can use the images you find.

Buildings

In some countries such as Germany and Australia, people can take photos of buildings and sculp­tures without having to worry about copyright laws. Since 2010, citizens in the US even have the right to shoot still images as well as video footage of federal buildings.

Protected works

You may take a picture of a work of art only if it’s in the public domain, which in the art world, generally means anything created before 1923. More recent work is usually still copyright protected and you could find yourself in hot water if you’re caught using it, even if it’s just hung up in your house. Many museums have their own pho­tog­ra­phy policies, so check before you start snapping.

People

You may pho­to­graph anyone in the public view as long as they aren’t doing anything deemed ‘private’ (i.e. showering or un­dress­ing). Everyone has the right to object to having their pho­to­graph taken. You can take photos of children without their parents’ per­mis­sion, but if you want to use these pictures com­mer­cial­ly, you need a model release signed by the parents. Even if the photo isn’t just of the child (i.e. a family photo), the parents must still be asked.

When it comes to online image rights, it’s important to stick to the rules. Following the licensing agreement when buying images is a must. If you work with pro­fes­sion­al agencies, you should adhere to their terms and avoid un­trust­wor­thy sources. Don’t use images if you don’t know their origin. It’s best to presume a photo is copy­right­ed until proven otherwise. There are also reg­u­la­tions for self-taken images, which many website operators tend to forget when uploading their pictures. If you’re negligent with copyright, there could be serious con­se­quences, from warnings to fines. If you do get into trouble, you should seek pro­fes­sion­al advice from a lawyer in order to avoid a court dispute. Please note the legal dis­claimer relating to this article.