There is no doubt that a well-chosen image can make a powerful impact in your digital communications. But few of us have the skills to create eye-popping visuals, so we rely on others to make or find the images we need.
And it’s so easy to find the image you want – just type the subject into Google and voila – thousands of images that would be just perfect.
If you need a specific image in a hurry, you (or a staff member) might be tempted to copy and use an image on your website or brochure or Facebook post.
But beware – this approach can land you in trouble and cost you some serious money and time because it is likely that you will be guilty of infringing on somebody else’s copyright.
Copyright protects photographs
Before you use any image that you find on the internet you need to ask whether you have the right to use that image.
Photographs and images are a type of property (intellectual property) in which copyright subsists. Copyright also subsists in other types of creative and intellectual works, that include:
- Articles;
- Blog content;
- Song lyrics;
- Books;
- Screenplays;
- Photographs;
- Paintings;
- Drawings;
- Plans;
- Films;
- Sound recordings; and
- Broadcasts.
The law provides specific protections to copyright owners. These protections allow creative professionals such as photographers and graphic artists to have ownership over the works they create and use so that they can earn a living.
The makers of copyright works have exclusive rights to publish and reproduce the work, among other things.
What does this mean for me?
Check that you have the right to use any images, photographs and other types of creative or intellectual works on your website or social media applications.
If you use photographs that are protected by copyright (or other works subject to copyright protection) without first getting permission, you might be asked to withdraw the images and to pay for them or pay compensation for your use of them. Ultimately, a court action may be started against you.
Some companies pursue their rights very aggressively and have whole departments that scour the internet searching for breaches. You do not want to be on their radar.
Australian copyright is automatic
Copyright is granted automatically on the creation of creative or intellectual works and generally, will last for the lifetime of the creator, plus an additional 70 years.
There is no national register under which you can check whether an image or another work is under copyright protection.
It is always safer to assume that the work you want to use is under copyright and seek the permission of the owner before you use it.
Permission can be obtained verbally or in writing. Written permission is preferred, as it may help to prevent a dispute arising in the future about the nature or scope of the permission. If verbal permission is obtained, as a minimum, make a written record of the pertinent details such as the date, time, person who gave the permission and any terms relating to the permission.
The exception to obtaining permission is if:
- The copyright has expired;
- The work is from a royalty-free/copyright free source such as Openhoto;
- You will be using the work under a ‘fair dealing’ exception for the purpose of:
- Study or research;
- Criticism or review;
- Satire or parody; or
- Reporting the news; and you sufficiently acknowledge the work.
It is unlikely that material used for a commercial purpose will fall under an exception, particularly if it’s in a commercial context for monetary profit or gain.
How to protect yourself?
Be scrupulous in your approach to copyright and make sure your staff or contractors follow the rules.
Make it a rule to ask the question “Where did we source this image and do we have permission to use it?”
Don’t use any images on your website, printed material or social media unless you have permission to do so. It’s just not worth the risk especially when there are so many low-cost ways to obtain stock photos.
