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

11 Dec. 2014 - - Total Reads 7,041

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: 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

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

Testimonials

I work with AndMine for my web development and website content management. Changes are always made quickly and I'm kept in the loop at all times - the website continues to generate awesome results. Jason Digby, Eatmusik

More Testimonials
AndMine-Google-Partner-Signature