Many copyright-infringement claims arise from the use of photographs on the internet. Some people think it’s legal to simply copy photos found online and use them on their own websites, social media posts, and the like.
Others know they can’t legally do that and license photos through stock-photo companies and Creative Commons. Relying on a license can be dangerous, though, if you don’t carefully read and strictly comply with the license.
Alternatives include taking your own photos, hiring someone to take photos for you, and using AI tools to create new images. Each of these alternatives can have its own potential problems, however.
Obtaining Photo Licenses
Many stock-photo agencies offer free and inexpensive licenses. Examples include Unsplash, Pexels, and Dupe.
Another option is to find images licensed through Creative Commons at the Creative Commons website or by using Google Image search.
If you’re using Google Images, go to “Tools” and then “Usage Rights.” There you’ll see an option to filter the search results for images with Creative Commons licenses.
You’ll likely not be permitted to modify the image and will probably need to provide credit to the copyright owner, but there are a variety of Creative Commons licenses, so you might find a photo that permits modifications and/or doesn’t require attribution.
Whether you use a photo licensed by an agency or one licensed through Creative Commons, you’ll need to carefully read the license covering the image and strictly comply with that license, even if you’re not paying money for the license.
If you don’t understand any of the terms, check with an intellectual property attorney before using the photo.
Taking Your Own Photographs
It’s fine to take pictures of the same things other people have photographed, but to be safe, don’t try to recreate someone else’s photos.
That might be perfectly legal in some situations, but whether an image infringes someone else’s copyright is a complex question. This means it’s prudent to avoid trying to copy someone else’s photo or other image unless you’re working with a knowledgeable copyright attorney.
Hiring Someone to Take Photos for You
You might think that if you hire a professional photographer, you won’t have to worry about copyright ownership and licenses. Unfortunately, with few exceptions, a photographer who is an independent contractor retains the copyright in the photos created for a client unless there’s a written contract to the contrary.
In other words, you need to either negotiate with the photographer for ownership of the copyright in the photos, or you’ll be subject to the license granted you by the photographer.
You may be fine with a license since it’s likely to be much cheaper than buying the copyright, but again, you’ll need to carefully review that license and strictly comply with its terms.
Using AI Tools to Create Images
Artificial Intelligence tools like Dall E or MIDJourney might seem like the easiest, least expensive way to get the perfect image, but these tools are not without their problems.
One is that you cannot copyright AI-generated images, so others can use them without your permission. Perhaps more problematic, though, is the fact that the image might be found to infringe someone else’s copyright.
You might intentionally use a prompt designed to generate an image like one you’ve seen before, or you may inadvertently cause the AI to create an infringing image. While you haven’t knowingly copied anything, the AI tool may have been trained on copyrighted images, resulting in an image that is substantially similar to someone’s copyrighted image.
Because generative AI is so new, the law is in flux, and it’s not yet known how such a lawsuit against you might be decided. Even if a court rules in your favor, lawsuits are expensive, time-consuming, and stressful – in short, something you want to avoid if possible.
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As you can see, to avoid infringement claims, you must be extremely careful when creating or acquiring images for use on your own website or social media. Please feel free to contact us if you have any questions about the above or need assistance with licensing images, protecting your own copyrights, or avoiding infringing others’ copyrights.
For more information about laws impacting photographers, see The Law (in Plain English)® for Photographers, co-authored by the founder of this law firm.
The book is available through Skyhorse Publishing, Amazon, Barnes & Noble, and Bookshop (an online bookstore that allows you to support your favorite independently owned bookstore).
Photo by li shanting on Unsplash
