What is Image Copyright?

Image copyright grants the creator of an image the exclusive right to use and distribute their work. In Australia, like most places, an image is automatically protected by copyright from the moment it is created. Using an image without permission, even for seemingly harmless purposes, could result in copyright infringement.

Common Copyright Pitfalls

1. Assuming Free Means Free to Use
   Just because an image is easy to find via a Google search or social media doesn’t mean it’s free to use. Many people assume that images found online are free for public use, but this is rarely true. Most images online are protected by copyright, and using them without permission could lead to legal trouble.
2. Ignoring License Terms
   Even when using images from free stock websites or Creative Commons platforms, you need to pay close attention to the licensing terms. Some images require attribution (credit), while others restrict commercial use. Using an image outside the specified terms can also be copyright infringement.
3. Misunderstanding Fair Use
   Many believe that “fair use” gives them the right to use any image as long as it’s for educational purposes, commentary, or non-commercial use. However, fair use is highly subjective, and what qualifies as fair use can vary from case to case. It’s not a reliable defence in many copyright disputes.

How to Legally Use Images

To stay compliant with copyright laws, here are some methods for using images legally:

1. Purchase Stock Images
   One of the easiest ways to avoid copyright issues is by purchasing stock images from platforms like Shutterstock, Adobe Stock, or iStock. When you buy these images, you purchase a license to use them in your business without worrying about copyright issues.
2. Use Creative Commons Licensed Images
   Websites like Unsplash and Pixabay offer free-to-use images under various Creative Commons licenses. However, you should always check the specific license for each image to ensure you’re allowed to use it for your intended purpose (e.g., commercial use, modification). Some licenses also require you to provide credit to the creator.
3. Utilise Public Domain Images
   Images in the public domain are no longer protected by copyright and can be used without restriction. There are several online databases where you can find public domain images, such as Wikimedia Commons or the Public Domain Review.
4. Create Your Own Images
   If you want to avoid all potential copyright issues, creating your own images is the safest route. Whether through photography, graphic design, or hiring a professional, you’ll have full rights to use your images however you like.
5. Obtain Permission Directly from the Owner
   If you find an image you’d love to use that’s not available under Creative Commons or the public domain, consider asking the owner directly for permission. Many photographers or artists may be open to allowing you to use their work for a credit or a small fee.

Understanding Creative Commons Licenses

Creative Commons (CC) licenses allow creators to permit others to use their work under specific conditions. These are the most common types:

• CC BY: This license allows others to distribute, remix, and build upon the work, even commercially, as long as they credit the original creator.
• CC BY-NC: Similar to CC BY, but only allows non-commercial use.
• CC BY-SA allows others to use the work, but any derivative works must be shared under the same license.

Understanding these licenses is crucial to using images legally without infringing on the creator's rights.

FAQs

Can I use images from Google or social media?
No, images found on Google or social media are typically protected by copyright. You must get permission from the copyright holder or use appropriately licensed images.

What if I credit the creator—does that mean I can use the image?
Crediting the creator doesn't automatically grant you the right to use the image unless the license explicitly allows it.

What is the safest way to use images for my business?
Purchasing stock images or using images licensed under the public domain or Creative Commons is the safest way to avoid copyright issues.

In conclusion, using images legally is essential to avoid copyright infringement and maintain a professional and ethical business. Always be cautious about where you source your images and the licensing terms that apply.

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This guide is written by Hedgehog, a Done With You digital marketing consultancy specialising in small and medium businesses in Australia. We offer digital marketing consulting, coaching, and training. 🚀