In 2014, I published an infographic on using images legally and ethically. While that graphic has been widely shared and used and has been a great tool for students, educators, and professionals, it’s a little harder to follow than it probably needs to be.
My experience has taught me that it’s easiest to learn the complexities of image copyright laws and ethics if you can boil them down into four simple concepts:
- Copyright
- Creative Commons
- Public Domain
- Fair Use
So…I created a new graphic! This revised version more clearly highlights the four key areas you need to be aware of so that you can make quick, informed decisions about whether or not you can or should use an image you found on the internet. Here it is! (You can click on it to blow it up so that you can actually read it.)
While this does greatly simplify image copyright laws (disclaimer: don’t substitute this graphic for actual legal advice!), it covers the basics. Let’s just take a quick gander at what all this means.
What is a “Copyright”?
The term “copyright,” when we’re talking about images, basically means a person holds exclusive rights to it—in other words, they can do whatever they want with it. If you own the copyright to something, it’s yours to do as you please—use, sell, edit, manipulate, share, whatever.
Of course, if you don’t own the copyright, the whole ballgame changes—you don’t have the legal right to do whatever you want with an image and it’s your responsibility to figure out what you can or can’t do with it.
So…how do I obtain a copyright?
Great question! Fortunately, the United States Copyright Office has made this pretty simple. In the U.S., the law states that if you create something, you automatically own the copyright. It’s that simple! If you take a picture with your cell phone, doodle a sketch on paper, design a masterpiece in Photoshop, spray paint a mural on your driveway—or anything else you dream up—you have the right to do with it as you please. AND…no one else has that right unless you give them permission.
There is one tiny caveat, of course (aren’t there always?). If you work for a company that has hired you to create stuff for them and you’re being paid to take or create images, then that company will will own the copyright. For example, if you work for a clothing company as a photographer and you’re asked to do a photo shoot for the company, the company will own the copyrights, not you. If you’re an independent contractor or freelancer, you’ll need to stipulate who will retain copyrights to the images before you go take them.
How do I use a picture that I don’t have the copyrights for?
That’s what the infographic above is for! To help guide you through the sea of image copyright laws. But, in a nutshell, you need to either get permission, pay for the rights, determine if it has creative commons laws or it is in the public domain, or ensure you are following fair use practices. Let’s separate those ideas quickly.
Getting permission to use a photo
There isn’t a real science behind this. If you find an image that you would like to use for some purpose, you basically have to track down the original owner and ask them if you can use it. There are basically three answers you might get: “yes! do whatever you want with it,” “no, absolutely not,” or “sure, but under certain parameters.” Regardless of what they say, you must not do anything with the image that they don’t grant you permission to do.
It’s always best to get their permission in writing (email is a perfect tool for this). If you can’t find the original owner of the image, don’t use it!
Can I purchase the rights to use an image?
Yes! But it can get expensive. There are scores of companies these days that specialize in “stock” images and you can subscribe to their websites to download images. Essentially, you are paying them for the right to use high-quality photos. Many companies subscribe to stock photo companies so that they can legally access hundreds of thousands of photos whenever they need them for advertising, social media promotions, or anything else.
Two of the more popular stock photo companies you might want to check out include Shutterstock, and iStock.
So…what’s this Creative Commons thing?
The idea of Creative Commons is that a person who owns the copyright to an image may be cool with someone else using it, but only under certain circumstances. For example, if I take a picture with my DSLR camera and I post it to my blog, I own the copyright to that image. Now, if someone comes to me and says, can I use your image for a billboard I’m designing for my cookie shop? I might say, “sure, but just don’t sell the image directly, and be sure you give me credit for taking the photo.” I still own the copyright, but I’m allowing someone else to use it under certain guidelines.
Creative Commons, actually, is a nonprofit organization founded in the United States by intellectual property guru Lawrence Lessig and others in 2001. Check out the Wikipedia description here or visit the Creative Commons actual website here. Basically, this organization helps artists share their work under stipulations that the artist is comfortable with.
There are six creative commons licenses, which I’m going to cite verbatim from the CreativeCommons.org “Licenses” page:
Attribution
CC BY
This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered. Recommended for maximum dissemination and use of licensed materials.V
Attribution-ShareAlike
CC BY-SA
This license lets others remix, tweak, and build upon your work even for commercial purposes, as long as they credit you and license their new creations under the identical terms. This license is often compared to “copyleft” free and open source software licenses. All new works based on yours will carry the same license, so any derivatives will also allow commercial use. This is the license used by Wikipedia, and is recommended for materials that would benefit from incorporating content from Wikipedia and similarly licensed projects.
Attribution-NoDerivs
CC BY-ND
This license lets others reuse the work for any purpose, including commercially; however, it cannot be shared with others in adapted form, and credit must be provided to you.
Attribution-NonCommercial
CC BY-NC
This license lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms.V
Attribution-NonCommercial-ShareAlike
CC BY-NC-SA
This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms
Attribution-NonCommercial-NoDerivs
CC BY-NC-ND
This license is the most restrictive of our six main licenses, only allowing others to download your works and share them with others as long as they credit you, but they can’t change them in any way or use them commercially.
Where do I find good Creative Commons images?
Luckily for you and me, many websites have cropped up in the past 10 years that offer free, high-quality creative commons images. One of the most famous is Flickr.com, but there are many others. (Note, not all images on Flickr.com have creative commons licenses. When you select an image, it will say underneath it what the licensing is. If it has a big ‘C’ and says “all rights reserved,” then you cannot use the photo.)
Some great websites to get thousands of free, high-quality Creative Commons photos include the following:
So, what’s “Public Domain,” then?
“Public domain” is a term used by the U.S. Copyright office to refer to images that are totally free to use for any purpose and that basically fall under three categories:
- Images created by the U.S. Government
- Images whose copyrights have expired
- Images whose original copyright owner have relinquished their copyrights to the image
Public domain images created by the U.S. government
The U.S. government occasionally creates images for a variety of purposes. Consider, for example, the MyPlate image used in elementary schools to teach healthy eating. If an image was created by a federal government organization to be distributed to the public, you are typically allowed to use the image for any purpose.
Public domain images whose copyrights have expired
U.S. copyright laws state that an image’s copyrights can expire after a certain number of years. These laws continue to change and evolve, but as of 2019, the basics of the law suggests that an image’s copyrights expire 70 years after the death of the creator/author. So if an artist took a photograph in 1984, but they didn’t die until 2001, the photo won’t be available in the public domain until 2071.
There are a few more stipulations, so, just to make sure I get the law right, I’m going to paste the actual description from the U.S. Copyright Office here:
The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code).More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics.
Public domain images whose original copyright owner have relinquished their copyrights to the image
The last type of public domain images are simply images where the original creator/author of the image doesn’t care about the copyright and they just relinquish their rights and give the image to the public domain. Millions of photos have been given to the public domain. If you find something that has been identified as a part of the public domain, you can do whatever you want with the photo, even sell it and profit from it.
Are there good public domain websites, too?
Yes! If you can’t find what you’re looking for when searching through the photos in one of the creative commons websites I noted above, you might check out some free public domain images websites. Public domain images tend to be lower in quality than creative commons, but not always. Check out some of the more popular public domain websites:
Finally, what is “Fair Use”?
If you’ve made it this far in this article, good for you! You must be on a true quest to use an image that you’re unsure about.
The last of the four key terms in image copyright that you should be aware of is “Fair Use,” which basically says that you can use copyrighted images without permission or creative commons licensing, but only if you are using the image “fairly,” which typically means for non-personal, non-commercial use.
Fair use applies mostly when you are using an image for critique, commentary, or parody. For example, if you spot an offensive billboard and you want to write a critique or commentary about it, you don’t need to obtain permission to use the photo as an object of critique. Or, if you wish to parody an image (like we often see in political cartoons), you are typically free to do so.
You can typically use copyrighted images for educational purposes as well. If you are a teacher or professor at an institution that is designated specifically for education, you are typically allowed to use images in teaching settings (like lectures or in classroom activities) in order to instruct students on a topic. You should still reference and cite the images, but it’s usually considered a fair use of the image.
However, if you’re giving a presentation for your company or you’re an independent public speaker, using images that you don’t have permission to use does not usually fall under fair use. You also can’t simply use a photo in a book or pamphlet you’re writing, even if the book is educational. Because your company, your book, or your speaking event is benefiting you or your company personally or financially (even if indirectly) from the use of the image, it’s not considered fair use. You should obtain permission to use all photos in presentations, books, and other collateral (or you should take the photos yourself or access photos in the public domain or with creative commons licenses) before you use the images.