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

11 Dec. 2014 - - Total Reads 7,053

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
Posted by:

Post Reads: 7.1K

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

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

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