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

11 Dec. 2014 - - Total Reads 6,813

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: 6.8K

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

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

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
AndMine's is ISO 27001 : Information Security Management Systems Certified.
AndMine's is ISO 27001 : Information Security Management Systems Certified.