Using images found online on your business website without proper commercial image licence can lead to a hefty fine. This article outlines the risks associated with unauthorised image use, the potential penalties, and best practices for sourcing images legally, particularly for commercial purposes.
Understanding Image Copyright
In the UK, copyright law automatically protects original works, including photographs and illustrations, from the moment of their creation. This protection grants the creator exclusive rights to reproduce, distribute, and display their work. Therefore, using an image without the creator’s permission typically constitutes copyright infringement. This applies regardless of whether the image is accessed via search engines or social media platforms. Even if an image is publicly accessible online, it does not imply that it is free to use.
Commercial vs. Non-Commercial Use
The intended use of an image significantly influences the legal requirements for its use.
Commercial Use: This involves using images in contexts aimed at generating profit or promoting a business. Examples include advertisements, company websites, product packaging, and promotional materials. Commercial use typically requires explicit permission or a licence from the copyright holder.
Non-Commercial Use: This refers to uses not intended for commercial advantage or monetary compensation, such as personal blogs, educational projects, or research. While some images may be available for non-commercial use under specific licences, it is still essential to verify the terms of use.
It is crucial to note that some licences, such as certain Creative Commons licences, explicitly prohibit commercial use. Therefore, always review the licence terms before using an image for any purpose.
Risks and Potential Fines
Using copyrighted images without proper authorisation can lead to several consequences:
Legal Action: Copyright holders may pursue legal action against individuals or businesses that use their images without permission.
Financial Penalties: Infringement can result in substantial fines, often ranging from several hundred to thousands of pounds, depending on the severity and duration of the infringement.
Reputational Damage: Being involved in copyright infringement cases can harm an individual’s or company’s reputation.
Fines for Past Image Usage
It is also important to understand that copyright holders may identify unauthorised use months or even years after the initial infringement. Archived versions of websites or digital footprints can serve as evidence of past unauthorised use, and it is not uncommon for a fine notification to arrive several months after the image was removed from the current live version of the website in question.
For this reason, hastily removing the copywrite-protected image after receiving a penalty notification will not help you avoid paying the fine.
Best Practices for Using Images Legally
To avoid legal issues, consider the following best practices when sourcing and using images:
- Use Licensed Images: Obtain images from reputable sources that provide clear licensing information. Ensure that the licence permits your intended use, especially for commercial purposes.
- Understand Licence Terms: Familiarise yourself with different types of licences, such as Creative Commons licences, and their specific terms and conditions. Some licences may require attribution or prohibit modifications.
- Keep Records: Maintain documentation of licences and permissions for all images used. This can serve as evidence in case of disputes.
- Avoid Assumptions: Do not assume that images found online are free to use. Always verify the licensing information before using any image.
Recommended Sources for Free and Licensed Images
Several platforms offer images that can be used legally, often for free. Here are some reputable sources:
Wikimedia Commons: A vast repository of images, audio, and video files. Each file includes detailed licensing information. Many are available under Creative Commons licences, which may allow commercial use with proper attribution. However, unless you fully understand the ins and outs of image attribution, this source of images for your website is more risky than some of the other options outlined below.
Pixabay: Offers over 5.4 million high-quality images, videos, and music. Content is released under the Pixabay Content Licence, allowing free use without attribution, even for commercial purposes. However, certain restrictions apply, such as prohibiting the sale of unaltered copies.
Pexels: Provides a large collection of free stock photos and videos. All content is free to use for commercial and non-commercial purposes without attribution. However, reselling unaltered copies or implying endorsement by depicted individuals or brands is prohibited.
Unsplash: Offers a vast library of high-resolution photos. Images can be used for free, including for commercial purposes, without permission or attribution. However, selling unaltered copies or compiling photos from Unsplash to replicate a similar or competing service is not allowed.
Canva: A graphic design platform that provides access to a wide range of free and premium stock photos. Free content can be used for commercial purposes without attribution. If you upgrade to premium (pro) this will unlock many 1000s more images, at a very competitive annual cost – making it one of the best-value sources of commercially licenced images currently available.
Always review the specific licence terms on each platform to ensure compliance with their usage policies.
Responding to Copyright Infringement Notices
If you receive a notice alleging unauthorised use of an image:
- Do Not Ignore the Notice: Ignoring the notice can lead to further legal action.
- Review the Claim: Assess whether the claim is valid by checking your records for licences or permissions related to the image in question.
- Seek Legal Advice: Consult a legal professional to understand your rights and obligations.
- Remove the Image: If the claim is valid and you lack proper authorisation, remove the image promptly to mitigate potential damages.
- Negotiate a Settlement: If applicable, negotiate a settlement or licence fee with the copyright holder to resolve the issue amicably.
