Can a Business Use Copyrighted Images from the Internet?

A business must be careful when using copyrighted images found on the internet. Just because an image is available online does not mean it can be freely used. Copyright law protects the intellectual property of creators, and using copyrighted images without permission can lead to legal consequences. There are, however, ways a business can use these images legally.

Can a Business Use Copyrighted Images from the Internet?

Generally, businesses cannot use copyrighted images from the internet without obtaining permission from the copyright owner. Doing so without proper authorization could result in copyright infringement, which may lead to legal action, including fines or being required to pay damages.

Legal Considerations Before Using Copyrighted Images:

Obtain Permission:

The safest way to use copyrighted images is to obtain permission from the image's creator or copyright holder. This permission is typically granted through a license agreement or by purchasing the image from stock image platforms.

• Example: A business wants to use an image of a city skyline in its advertising. The business would need to contact the photographer or image agency to obtain a license.

Image Licensing:

Many images online are available for licensing through stock photo websites (like Shutterstock, Getty Images, or Adobe Stock). When a business purchases an image from such platforms, they receive a license that grants them the legal right to use that image under certain conditions.

• Example: A business purchases a stock image for use in a marketing campaign, which comes with the appropriate license for commercial use.

Fair Use Doctrine:

In certain cases, businesses may be able to use copyrighted images without permission under the fair use doctrine. Fair use permits limited use of copyrighted works for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. However, using copyrighted images in commercial contexts like advertising or marketing is typically not covered under fair use.

• Example: A business might be able to use an image in a news article for commentary or educational purposes, but not in its promotional materials.

Creative Commons (CC) License:

Some images are offered under a Creative Commons license, which allows others to use the image under certain conditions. There are different types of Creative Commons licenses, some of which allow commercial use while others do not. Businesses should check the specific terms of the Creative Commons license associated with the image to ensure they are compliant with the usage restrictions.

• Example: A business might find an image licensed under CC BY (Attribution) that allows commercial use, as long as the creator is credited.

Public Domain:

Public domain images are those whose copyright has expired, or which have been explicitly released by the copyright holder into the public domain. These images can be used freely by anyone, including businesses.

• Example: Historical photos that are now in the public domain can be used by a business without restrictions.

Avoiding Copyright Infringement:

To avoid infringing on copyright, a business can consider creating its own images or hiring a photographer or designer to produce original content. Alternatively, the business can also use royalty-free images, which are either free or available for a one-time payment, and come with a license to use the images in commercial projects.

Steps for a Business to Legally Use Images:

Check for Licensing:

Before using any image from the internet, check whether the image is protected by copyright, and whether it comes with a license for use.

Use Stock Image Platforms:

Opt for licensed stock image websites where usage rights are clearly outlined.

Review Terms of Use:

If an image is under a Creative Commons license, carefully read and follow the license terms. Ensure that the image can be used commercially.

Contact the Creator:

If no licensing information is available, consider reaching out to the image creator or copyright owner directly to request permission to use the image.

Create Your Own Content:

Whenever possible, use original images that are created by your business or commissioned by a professional photographer.

Example:

A marketing agency wants to use an image of a popular tourist destination in their promotional material. The image they find online is owned by a photographer. The agency can either:

• Purchase a license from a stock photo platform to legally use the image.
• Reach out directly to the photographer to negotiate a licensing agreement.
• Use a Creative Commons-licensed image, ensuring it is permitted for commercial use and that proper attribution is given.

Conclusion:

A business cannot freely use copyrighted images from the internet without obtaining the proper rights or permission. The business must either purchase a license, ensure the image is in the public domain, use images available under Creative Commons licenses (with conditions), or create original content. By following these guidelines, businesses can avoid copyright infringement and use images legally for their projects.