When you see the phrase “images may be subject to copyright,” it means that there are legal restrictions on your ability to use these images without permission. Copyright law safeguards your business’s images, charts, and other visual assets from unauthorized use if you create them. But if you’re curious about where to get free images for your website, read on! or are otherwise in search of images for any purpose, you should make sure you have the necessary permissions before using any of them.
What Exactly Is Image Copyright?
The long and short of it is that when someone creates an image or another type of intellectual property, the copyright to that piece of work is automatically assigned to the creator, which means they can decide how it is used and distributed. The creator doesn’t need to provide a copyright notice or register their work with a copyright office. (However, a copyright notice can help protect online images, and registering does provide additional protection in some countries, including the right to statutory damages.)
According to the United States Copyright Law, the image’s copyright owner has exclusive rights to:
- Make copies of the copyrighted work.
- Create derivative works based on the copied object.
- Copyrighted works may not be sold or distributed.
- Publicly display the copyrighted work.
As a result, the goal of copyright is straightforward: to keep creators’ work from being displayed, stolen, copied, or reproduced without their permission.
It’s also important to understand that copyright protects a form of material expression (such as a photograph) but not the ideas, techniques, or facts underlying the work.
Understanding Copyright Principles
Copyright laws govern who can use creative works such as writing, music, photographs, and videos. In the United States, the creator of a work usually has the exclusive right to use it for at least several decades. After that, the work enters the public domain and is free for anyone to use. You could face a large monetary fine or even federal prosecution if you use or distribute a copyrighted work without permission.
The idea behind copyright law is that it encourages people to create various art forms and useful writings and images. It allows the creators of the works to make a living while knowing that their work will not be distributed for free.
Through a legal agreement, a copyright holder can authorize someone else to use the photos and other works to which they have rights. This is commonly referred to as a licensing agreement.
Image May Be Subject to Copyright Meaning
The phrase “image may be subject to copyright” indicates that copyright laws may protect the image in question.
Image Copyright is a legal term that refers to the exclusive rights of an original photograph’s creator to its use and distribution.
If an image is legally protected, using it without the proper permission or license from the copyright owner may constitute an infringement.
This holds for digital images from the internet, social media, or any other source.
In the context of online use, it is critical to be aware of the copyright status of images and to ensure that you have the necessary rights or permissions before using them in your projects or sharing them on social media platforms.
Copyright for Images on the Internet
#1. Copyright and Google Image Search
It should be noted that just because an image appears in a Google Image Search does not mean it is free to use.
Many images found via search engines are still protected by copyright, and using them without permission can result in legal problems.
Infringement can also occur when copyrighted images are shared on social media platforms.
While some platforms, such as Facebook and Instagram, have sharing features that may be protected by fair use, it’s still essential to ensure you have the right to use the image before sharing it.
#3. Stock Images
Stock image websites provide an extensive image library that can be used legally, either for free or for a fee.
These images are typically accompanied by a license that grants specific usage rights. Before using stock photos, make sure you read and understand the license terms.
What Should You Do If You Notice “Image May Be Subject to Copyright”?
If you see the “image may be subject to copyright” notice, you must take the following steps to ensure you are using individual images legally and respecting the rights of the copyright owner:
- Do not use the image without permission: Do not use the image in your projects, website, or social media without first obtaining permission or a license from the copyright owner. Using licensed images without permission can result in infringement and legal ramifications.
- Seek permission from the exclusive rights holder: Contact the image’s creator or the organization that owns the rights to the image to request permission to use the image. They may grant you a license or specify usage terms you must strictly adhere to.
- Look for alternative images: If you cannot obtain permission or find the process too time-consuming, look for royalty-free or public-domain images. Websites such as Unsplash, Pexels, and Pixabay provide a large selection of royalty-free images that can be legally used for personal and commercial purposes.
- Understand fair use guidelines: In some cases, using copyrighted images may fall under “fair use,” which allows the use of copyrighted materials in certain circumstances, such as education, news reporting, or parody. Familiarize yourself with the fair use guidelines and, if necessary, seek legal advice to ensure you use the image legally.
- Attribute the source: Even when using images with permission or under fair use, proper attribution to the original creator or source of the image is a good practice. This helps to avoid misunderstandings or disagreements and demonstrates respect for the creator’s work.
Clip Art and Stock Images
Several organizations provide access to photo and other image libraries known as stock images. These photos can be licensed quickly for various purposes, often by filling out a web form. Some organizations allow you to subscribe to a library of stock images you can use without having to license each photo individually. However, there may be limits on how many you can use in a given time frame.
Clip art images serve a similar purpose. They’re illustrations rather than photos, but you can usually license them fairly freely for use in printed works and online distribution.
Check the licensing terms for any stock photos or clip art you purchase for commercial or personal use. Some restrict how they can be used, such as prohibiting their use in advertisements or limiting the number of physical copies that can be made. You may be sued if you violate the license terms.
Licensing under the Creative Commons License
Some photos and other images are Creative Commons licensed. Creative Commons is an organization that publishes a set of licenses that creators can apply to their work to allow it to be used for free under certain conditions.
Remember that the various Creative Commons licenses allow for different things, and some works published under such licenses may not be usable in all circumstances. Some, for example, do not permit image modification, and others do not permit any commercial use at all.
You can find images licensed in this manner using a Creative Commons website search tool.
The General Public’s Domain
When images and other works have been around for a long time, they lose their copyright protection and enter the public domain, allowing anyone to use them under any circumstances. Many works created by the federal government, on the other hand, are in the public domain by default, and some artists dedicate their works to the public domain while they are still under copyright.
Works usually take decades to enter the public domain. Because the length of the copyright is determined by factors such as when the creator died, it is difficult to decide which works are in the public domain. If you’re unsure whether a work is in the public domain, it’s best to avoid it.
Where Did the Concept of Copyright Come From?
Copyright is not a novel concept. The first copyright act was signed in the United Kingdom in 1709, and the concept of recognizing and protecting creators’ work has been important ever since. The Berne Convention of 1886 was the first international agreement on global copyright management. The basic concept is still internationally recognized today, though the degree of enforcement varies by jurisdiction.
While the digital age makes it easier to access all types of digital content, it’s important to remember that copyright laws around the world have essentially remained the same – copyrighted work cannot be used without permission.
How Do I Make Use of a Copyrighted Image?
It is not impossible to use a copyrighted image; you simply need to obtain a license or other permission from the creator first. In most cases, using the work entails either licensing an image through a third-party website or directly contacting the creator. Copyright can also be transferred between people. This is frequently accomplished through a document signed by the copyright holder or, in some cases, an authorized agent.
Let’s look at some of the most common ways to legally use images.
#1. Licensing Fees
To use the image, you must pay a licensing fee. The type of licensing can vary depending on the copyright holder. Restrictions may apply to editorial or commercial use, and platform-based limitations, whether online or offline, are common. All details should be specified in the agreement between the image owner or copyright owner and the future image user, or the process can be carried out on stock photo platforms.
#2. Fair Use
The copyrighted image can only be used for educational, personal, or research purposes, or if it is beneficial to the public, in the case of fair use. However, determining what can fall under this category is not always easy for the average image user because several factors are taken into account under the framework of the United States. The Copyright Act.
#3. CC (Creative Commons)
The copyright holder grants image users permission to use and distribute images under certain conditions under a Creative Commons license. In most cases, giving proper image credit is critical, but first and foremost, image users must become familiar with the various CC license types and rules.
#4. The Public Domain
When an image is in the public domain, it is not protected by copyright. Common examples include when the work’s owner died or abandoned all rights to the work. However, depending on the requirements, crediting the image may still be required, as in the case of the Getty Search Gateway project. As a result, never assume that something publicly available, such as photographs on Instagram, is in the public domain. Because the term can be misleading, be extra cautious and contact the owner for more information.
Are All Images Copyrighted?
You’ve probably heard the phrase “images may be subject to copyright.” It’s a good reminder that there are very few instances where you can find a work that is ‘copyright-free’ on the internet. As previously stated, this is the case for two primary reasons. Every work is copyrighted from the moment it is created, except for a few rare exceptions. One of those can be public domain images, but as previously stated, confirming that is also the image user’s liability.
If you can’t find the owner of an image, try again. You run a high risk of infringing someone’s copyright if you don’t know the provenance of the work or the terms of its license (if any). Although you may have good intentions, simply hosting someone else’s work on a website without their permission (and in some countries, even linking to a copyrighted work) constitutes copyright infringement.
Who Owns the Copyright if I Hire Someone To Create Images?
If you’re hiring freelancers or paying someone to create imagery for business purposes (such as a brand photoshoot), it’s critical to establish who owns the copyright to the resulting work in advance. If there is no mention of copyright ownership being transferred to the employer in the contract, for example, the creator may automatically retain the copyright to any images created during the job.
Who Owns the Copyright if I Create an Image as an Employee?
If you work for a company, any assets you create as part of your job, including images and photographs, are owned by the company; in other words, the employer owns the copyright to these works. Similarly, how you use that image outside of work may be determined by your employer. It is critical for all parties involved that employees receive information or even specific training about proper image use at work to avoid copyright infringement cases for their employers.
What if I Violate Someone’s Copyright?
If you violate a copyright, you may be required to pay restitution to the owner of the copyright. Damages can be calculated based on the amount of skill and craftsmanship that go into creating intellectual property, which can be substantial and require years of practice to master.
The established damages for copyright infringement vary by country. In the United States, for example, statutory damages are defined in 17 U.S.C. 504 of the United States Code. At the discretion of the court, the U.S.C. liability for infringing the rights of a work registered with the U.S. Copyright Office is between $750 and $30,000 per work. If the work’s creator can demonstrate willful infringement, they may be entitled to damages of up to $150,000 per work.
Can I use images from Creative Commons?
Yes, but keep in mind that there are seven different types of Creative Commons licenses: unless an image is licensed under ‘Creative Commons Zero (CC0),’ it is still protected by copyright and will require appropriate attribution within the framework of its license to be used legally. If you’re still unsure, learn how to properly attribute Creative Commons images.
Yes. While most social media platforms rely on content redistribution (share, retweet, etc.), repurposing or reusing others’ work(s), especially for commercial gain, may still be considered copyright infringement.
You cannot, for example,’ simply’ embed an Instagram post on your website without permission. Make sure you are familiar with the copyright terms and conditions of each site.
What is the Procedure for Verifying Image Copyright?
Checking an image’s copyright status can be difficult, but the steps below can help guide you through the process:
- Assume it’s copyrighted: Unless otherwise stated, assume that the image is copyrighted.
- Look for the following copyright information: Look for any copyright information, such as a watermark, a copyright symbol (), or a written notice. The accompanying text or metadata may also include information about the image’s original owner or the valid license under which it is being used.
- Visit the following website: If you found the image on a website, look for a licensing, copyright, or terms of use section that contains information about the images hosted on the site. Some websites may provide images under specific licenses, such as Creative Commons, which allows for different usage rights.
- Make use of reverse image search: Use tools like Google Images or TinEye to perform a reverse image search. This can assist you in locating the original source, where you may find more information about its copyright status or the creator.
- Contact the creator or the owner of the copyright: If you can identify the image’s creator, contact them directly to inquire about the image’s copyright status and, if necessary, permission to use the image.
- Consult a legal expert. If you’re still unsure about an image’s copyright status or the terms of a license, seek advice from a legal expert or an intellectual property attorney. Remember that even if there is no explicit copyright information, it is best to assume the image is copyrighted and treat it as such.
Does Adding a Watermark Aid in the Promotion of Copyright Images?
Yes, adding a watermark can help increase image copyright protection.
A watermark is a visible or invisible mark added to an image that identifies the creator or owner of the copyright.
It may include the name, logo, or other identifying information of the creator.
A watermark’s purpose is to discourage unauthorized use of an image by making it more difficult to remove or manipulate the image without permission.
The creator can help establish ownership and make it clear that the image is subject to copyright protection by adding a watermark to it.
This may deter others from using the image without permission or in an inappropriate manner.
Furthermore, if an unauthorized use of the image occurs, the watermark can serve as proof of ownership and aid in legal action to protect the creator’s rights.
However, it’s worth noting that adding a watermark can detract from an image’s aesthetic appeal and potentially reduce its value.
Finally, the decision to use a watermark should be based on a careful examination of the potential advantages and disadvantages of the specific image and its intended use.
- How Can I Track a Phone Number: Quick, Easy & Legally
- How To Download an Image From Google 2023: Do’s and Dont’s
- DEFENDER FOR ENDPOINT: What It Is, Features & All to Know
- What Does Digital Creator Mean on Facebook? How to Become One
- HOW TO ADD MUSIC TO A VIDEO: Quick and EASY
Images May Be Subject to Copyright: References
