Can I legally use images I find online for my business?

It is tempting: you search Google, find the perfect image, and want to use it on your website, blog, or social media post. It is just a picture, and it is already online, so what is the harm?

Unfortunately, using images you find online without permission can expose your business to serious legal risks, including copyright infringement, fines, and even legal proceedings.

The Basics: Most Images Online Are Protected by Copyright

The moment a photo is created, it is automatically protected by copyright law in the United Kingdom. No registration or watermark is required. That means the person who took the photo (the photographer or their employer, in some cases) owns the rights to it and gets to decide how it can be used.

Unless you took the photo yourself, or you received express permission, or a licence to use it, you generally do not have the legal right to use it, especially for commercial purposes.

"But It Was on Google Images..."

A common misconception is that if something is on Google or social media, it is in the "public domain."  This is simply not true.  Google Images is just a search engine.  It indexes images across the web, but it does not grant you any rights to use them. The same goes for images found on Instagram, Pinterest, or blogs.

Using someone else's image without permission, even if you credit them, still qualifies as copyright infringement.

What About "Fair Dealing"?

"Fair dealing" (or "fair use" in the United States) is a limited exception in copyright law that allows the use of copyright material under certain conditions, such as commentary, education, or parody.

However, fair dealing is not a free pass for businesses. If you are using an image to promote your brand, sell products, or drive traffic to your website, that is commercial use and fair dealing defences usually will not apply.

Safe Alternatives: How to Use Images Legally

Here are five safe and legal ways to use images in your business:

1. Use Stock Image Services

Websites like Getty Images, Adobe Stock, and iStock offer high-quality, licensed images for commercial purposes. Just be sure to follow the terms of the commercial licence as even "free" platforms may have restrictions on commercial use or require attribution. 

2. Create Your Own Images

Take your own photos or design your own graphics. This gives you full ownership and avoids any copyright issues. Use tools like Canva, Photoshop, or a smartphone camera to create original content. 

3. Purchase or License Images Directly from the Creator

Buy images from photographers, graphic designers, or illustrators. You can then use them under a licence for your intended business purposes.  It is important to get a written agreement or licence agreement that clearly states your legal rights in this situation. 

4. Use Images in the Public Domain

Public domain (not to be confused with online) images are not protected by copyright and are free to use for any purpose. Check resources such as Pixabay or government archives. 

5. Use Creative Commons Images (With Attribution)

Creative Commons licences allow you to use images under specific terms. Some will require attribution and others allow for commercial use or modification. Use filters on platforms such as Flickr or Wikimedia Commons to find images that are for commercial use. However, you should always follow the licence terms. 

 

Make an Enquiry Now

For advice on how to legally use images for your business, or about legally using someone else's work without risking copyright infringement, call our intellectual property experts on 0131 478 4724 or complete an Online Enquiry.

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Please note the contents of this blog is given for information only and must not be relied upon. Legal advice should always be sought in relation to your specific circumstances.