Image sharing and image consumption are currently high at rates that have never been witnessed before in the digital world. It is quite crucial today that images being used are verified of their copyright status before they are taken further. If ignored, this can lead to extreme legal consequences and exposures to heavy penalties or judicial battles.
Using any copyrighted image without permission is copyright infringement, which violates the intellectual property rights. These laws ensure the original creators of some works, including images, are not violated in terms of usage or sharing of their creations. Lack of ignorance of such laws cannot be an excuse; this could have some serious implications, such as cease-and-desist orders, heavy fines, or even lawsuits.
Whether you’re a blogger, content creator, website owner, or a social media manager, knowing the legal dangers associated with using copyrighted images without permission is very important to you. This will, therefore mean you avoid possible legal implications and ensure that you operate in perfectly lawful zones, as you are being proactive and, first of all, verifying the copyright status of those images before making use of them.
Table of Contents
What is Copyright?
Copyright is one of the modes of intellectual property protection. This medium provides an exclusive right over original works to their creators, especially in literary, artistic, musical compositions, and in images, for instance. Copyright automatically takes effect because a work, which can be fixed in any form of physical matter, can be created without requiring any sort of registration or formality.
Copyright protects the artistic expression taken in the photograph or digital artwork. The rights of reproducing, distributing, displaying, and creating derivative works hold only by the creator of the copyrighted image. Copyright is applied on professional as well as amateur photographs and any work, regardless of its quality or the purpose it is intended for.
Copyright laws seek to balance the interests between the rights of the creators and the interest in dissemination of knowledge and creativity. Generally, in most countries, copyright protection extends to the life of the author plus an additional period of 70 years following death. A copyright holder has an exclusive right over his work during this period, except with a few limitations and exceptions. There are, therefore, referred to as fair use or fair dealing.
Copyright infringement by using copyrighted images without permission may lead to very severe civil and criminal consequences. A personal need to understand and respect the rules of copyright would be important for avoiding any lawful issues and making sure that images owned by others are used ethically.
Common Indications of a Copyrighted Image
Perhaps the most obvious indication that the image may be copyrighted is through a watermark. A watermark can be considered as an overlay or text that is written on top of an image in a semi-transparent fashion, usually bearing the name or logo of the copyright owner. It is common among photographers, artists, and stock providers to identify ownership and prevent people from stealing their ideas and reproducing their work.
Another clear indication that an image is copyrighted is the presence of a copyright symbol, where it reads “Copyright,” often next to the image. This is a direct declaration of copyright ownership that may serve as a notice in law and a threat to one who contemplates using such an image without permission.
Logo or any branding element found in the image also means that the image is probably under copyright. Many companies and organizations protect visual assets like logos, product images, and marketing materials.
Sometimes, an image’s metadata and EXIF (Exchangeable Image File Format) may not be directly accessible. Such information may be quite valuable regarding the copyright of the image. EXIF information includes information regarding the name of the creator, and camera settings, but also possibly the names of the copyright holders if the creator or the editing software embedded this information.
How To Know If An Image Is Copyrighted – Tools and Methods
One of the best ways of knowing whether an image is copyrighted or not is by using reverse image search tools. These tools enable you to upload an image or input the URL, and then they start searching the Internet for those images that match or are similar to the one uploaded. If an image is copyrighted, search results may expose the original source, the copyright holder, or licensing details.
Reverse Image Search
The two most famous reverse image search engines which can spot a copyrighted picture include Google and TinEye. Here’s how they work:
Google Reverse Image Search:
- Google Images (images.google.com)
- Click on the camera icon located in the search bar
- Offer either an image upload or an image URL
- Google will return visually similar images, together with sites where this image is available
TinEye Reverse Image Search
- Go to TinEye (tineye.com)
- Click the “Upload” button and add an image file, or enter a URL for the image
- TinEye will indicate where an image has been found on the web, plus possible copyright information
Using the search results, you may even be able to track down an image’s source – copyright information or licensing information from the copyright owner.
Checking EXIF Data
Another useful technique is to check the EXIF data of an image. EXIF data are meta-information embedded in image files and, in some cases, may contain copyright information designated by the photographer or creator. How to check:
- Right-click on the image and select “Properties” (Windows) or “Get Info” for a Mac. Click the “Details” or “Metadata” tab.
- Scroll through the EXIF information and look for copyright information. This can often include the photographer’s name, copyright notice or terms of licensing
Of course, not all photographs will contain EXIF information with copyright information, but it always pays to look – it might tell you a lot about who owns an image and whether or not it may be licensed for use.
Search Engines for Copyrights on the Web
Some of the online tools and services specialize in checking the copyright status of images. The methods the service uses will depend on these, which may be reverse image search, metadata analysis, or cross-referencing against a database to ascertain copyrighted images.
Some of the popular ones include:
Pixsy: It requires you to upload an image or enter a URL; it then scans its database for potential matches in regard to copyright.
Copyscape: In addition to plagiarism checking, Copyscape also offers images copyright infringement checking.
Tineye MultiSearch: TinEye Premium services are a few of their reverse image search and copyright detection enhanced features. Again here, without proper maintenance, it does not yield accurate or foolproof results. Some of the tools that might be used in an attempt to get the copyright status of an image are:.
How To Know If An Image Is Copyrighted – Step-by-Step Guide
Step 1. Reverse Image Search
Reverse image search is probably the best mode in checking whether an image is copyrighted or not. A reverse image search involves uploading an image to the Google Images or TinEye search engine that scans the internet for similar images or matching ones. If the search results show that the picture is appearing on stock photo sites, company websites, or any other source of copyrighted material, it’s likely that the picture bears copyright.
To perform an image search in reverse on Google Images, one need only to go to that website and click the camera icon in the search bar. Alternatively, after clicking the camera icon, one may upload the image or paste the URL of the image. Google will then show you websites where the image appears along with other information about the possible copyright status.
2. Watermarks and Copyright Symbols
Many copyrighted images include embedded watermarks and copyright symbols. A watermark can be defined as a semi-transparent text overlay of a logo identifying the creator or owner of an image. Copyright symbols, like the symbol ©, are also generally used for the purpose of indicating that an image is copyrighted.
If you see a watermark or copyright symbol with an image, it must be totally clear that the image is copyrighted and should not be used without permission from the owner.
3. Know the Image’s Metadata
The majority of digital images include metadata, which simply refers to extra information that exists with the actual file. This kind of metadata can provide information on what type of camera or device was used to take the photo, or information about who created it, its copyright status, as well as usage rights.
Several tools and programs are available to view metadata from any given image. For Windows computers, the easiest method is to right-click on the image file, select “Properties,” and then click on the tab labeled “Details.” On a Mac computer, you could also open the Preview app, and if not otherwise available, third-party programs like ImageCapture come into play for viewing.
If the metadata has a copyright notice or the name of its creator, then probably you’re working with a copyrighted image .
4. Contact the Original Poster/Creator Directly
If you are still unsure about the copyright of a specific image after having done your reverse image search, checking of metadata, seeing if there is a watermark, and copyright symbols, well, this is your final resort: get in touch with the original poster or creator.
Many websites and social media have contact information for users or account holders. Reach out to them and express your desire to use their picture and ask their consent. Always specify how you want to use the picture and be willing to give credit or compensate if appropriate.
If the owner gives you permission to use the image, have him or her write and endorse stating that you have been given the right to use it. Later, keep it safe as a proof that you have been given the right to use the image legally.
Alternative Uses of Potentially Copyrighted Images
Sometimes you may be unable to determine your position of an image or attain permissions from the owner to use it. There are however other alternatives you can use:
Using Images That Are Now in the Public Domain
Public domain images are not copyrighted, so they can be used for any purpose without needing permission or accreditation. Often, they are extremely old works whose copyrights have already run out, or they have been produced by the U.S. government or some other public organizations. Some of the popular sources of public domain images are:
- Wikimedia Commons
- Library of Congress
- National Park Service
- NASA
Finding Images Available through Creative Commons Licenses
Creative Commons licenses are supposed to facilitate the sharing of the work of the creators while giving them at the same time some form of retained rights. These licenses differ in their levels of freedom that can be applied from use, modification, and distribution possibilities depending on certain conditions being met. This implies that when you are using an image in Creative Commons images, you must meet the conditions given by the license, possibly requiring attribution.
- Flickr
- Unsplash
- Pexels
- Pixabay
Paid Stock Images
For those who want high-quality, commercially licensed images, pay-for-stock photo services are just what the doctor ordered. They too have vast libraries of images, illustrations, and vectors for any project that you might be working on. Even though it may cost more, it also brings peace of mind as well as legal protection to any purchased images, since rights to their usage are integrated with your purchase.
Some of the most popular paid stock image services include:
- Shutterstock
- iStock
- Adobe Stock
- Getty Images
With these choices, you find excellent images that are great in quality and legal. You prevent the risk of using copyrighted images or violating copyright law.
Legal Consequences of Using Copyrighted Images Without Permission
The use of copyrighted images without permission raises serious legal, financial, and reputational implications. There is a need to know risks and prevent them from happening.
Copyright infringement is a legal crime, prosecutable through litigation lawsuits and even by criminal charges. In case you are found to utilize stolen copyrighted images, the law may subject you to injuctions, fines, or imprisonment, depending on the seriousness of the offense and jurisdiction.
Copyright holders have the right to take legal action against individuals or businesses that infringe on their intellectual property rights. Even if you claim ignorance or argue that you didn’t intend to violate copyright laws, you can still be held liable for infringement.
Financial Penalties
Apart from legal liabilities, copyright image infringement can also come with huge financial implications. Monetary damages can be claimed by the owner of copyrights, though this varies from thousands to hundreds of thousands depending on the extent of violation and value attributed to the infringed work.
These can also encompass actual losses incurred by the copyright owner, any profits that may have been acquired from using the copyrighted image, and perhaps statutory damages, the amount set by law for every case of infringement.
Harm to Reputation
In addition to severe legal and financial backlash, using copyrighted images without permission would further damage your personal or business reputation. Indeed, in an age of digital speed and global connectivity, new reports or rumors of copyright infringement can quickly destroy your credibility and trustworthiness.
Loyal customers, clients, or other business partners may lose trust in the brand or company, thinking of you as an unethical player who doesn’t respect intellectual property rights. The outcome: lost business, decreased brand value, and public images that cannot be restored easily.
This should earn you good copyright compliance and respect for other people’s intellectual property rights. So, ensure to get proper permissions and follow best practices to avoid these extreme consequences and keep a good name in your trade.
Best Practices on the Legal Usage of Images
To avoid getting into a legal mess and preserving the professional reputation, it is crucial to ensure that you use images legally. Here are the best practices to adopt.
Always Check the Copyright Status: Before using a particular image, one must know that its copyright status is clear. Being posted on your social media account or found in a search engine does not automatically mean that you are allowed to use an image. Do proper research and find all the relevant copyright information or restrictions about the image.
Proper Attribution When Necessary: Whenever an image you are using requires attribution, always give the proper credit to the author of copyright owner. This usually involves mentioning their name as well as the source of the image and others as necessitated. Failure to properly attribute an image leads to copyright infringement.
Use Images from Known Sources: It is possible to avoid inadvertently infringing copyrights where clear usage rights and licensing terms are available from reputable sources. Use stock photo websites, creative commons repositories, and so on that specifically indicate availability of royalty-free or public domain images.
Conclusion
Copyright verification of images is fundamental to avoid legal action and protect oneself from any penalty. The advancement of this digital generation sees wide use and distribution of images on multiple platforms, hence leading to a need for understanding copyright implications and taking the necessary precautions to avoid contradicting such laws.
Throughout this article, we have progressed to see the importance of copyright, what most common signs of copyrighted images are, and the tools and methods used to check whether those images are copyrighted or not. By using these steps in determining the copyright status of an image, one is now safely on his or her way to knowing if that image is copyrighted or not, hence making good judicious decisions on its usage.
Note that infringement of copyright images can be very serious: it entails taking legal action sometimes at great cost; it also damages your good name. It is better to be safe than sorry and respect the intellectual property rights of others.
Use these alternatives and in such way that you will have an image that is legal and ethical, such as public domain images, Creative Commons licenses, paid stock photo services.
Implementing the best legal practices about image use will protect you from potential litigious problems, but it also shows professionalism and a good belief in creating quality content.
Stay informed and subscribe to our blog for more valuable tips and insights on content creation, legal compliance, and staying ahead in the ever-evolving digital landscape.
I’m a writer, artist, and designer working in the gaming and tech industries. I have held staff and freelance positions at large publications including Digital Trends, Lifehacker, Popular Science Magazine, Electronic Gaming Monthly, IGN, The Xplore Tech, and others, primarily covering gaming criticism, A/V and mobile tech reviews, and data security advocacy.