Could Your Photo Use Cost You Big Time?

by | Oct 22, 2012

Photo use thrives in our 24/7 world.

  • Blogs look naked without them.
  • Advertising would lose some of its pizazz
  • And direct mail would be drowning in words

Well, more than it already does.

Despite the popularity of photos and images,there are still misconceptions about their use.

That could end up costing you big time.

Photo Use Dos

Photos have copyright protection.

However, the medium is perhaps the most abused for copyright infringements.

  • Users snag Google Images despite warnings of possible copyright protection
  • Bloggers copy them from one site and put them on their own
  • Others buy stock photos, but do not follow licensing rules

The below video offers Three Copyright Dos for Photo Use.

Resources

One of my favorite sites for copyright discussions is Jonathan Bailey’s Plagiarism Today. 

  • Jonathan is not an attorney
  • He is a “legally-minded Webmaster/Writer”
  • Which means you can understand what he writes

It was through Jonathan’s sight that I discovered another good resource – Stock photo rights.

  • The site started through a collaboration of Getty Images, British Association of Picture Libraries and Agencies, and Picture Archive Council of America
  • Check out its simple video on the home page about copyrighting and licensing of stock images
  • Some of the information may surprise you

Government resources include the following.

Most countries have their own versions of copyright laws. Check out your country’s laws.

There is no blanket international copyright law, but there are agreements that protect creative works once they are fixed in a medium.

Misconceptions

There are many misconceptions about copyright laws.

The inspiration for this post came from a discussion in writers’ forum, About Writing Squared.

One of my fellow writers had a question about a photo she purchased from iStock Photo

  • She had added text to the purchased image and uploaded it to a post
  • A blogger copied her edited image and posted it to another blog

She wondered if she had the right to edit the image and if the other blogger had the right to use the edited version.

My nonlegal interpretation of the IStock Photo standard license is ~

  • Yes, my fellow writer can modify the image
  • She cannot claim the copyright on the altered image
  • No, the blogger cannot use her edited image
  • Or the original without purchasing a license for use

Other royalty-free sites include Shutterstock, Big Stock Photo, Stock.xchng.

  • There are others
  • Each has its own terms for licensing
  • You must re-license the same image for each new product or project

Protect Yourself

Lawsuits for copyright infringement are costly – in both time and penalties.

Follow the copyright dos and when in doubt – don’t use that photo.

What suggestions do you have for the legal use of photos?

Notice of Disclaimer –Cathy Miller is not an attorney and cannot provide legal  advice. The information provided is for your general background only, and is not intended to constitute legal advice as to your specific circumstances. We recommend you review legislation with legal counsel .

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BigStock Photo Credit

6 Comments

  1. Sharon Hurley Hall

    Good going, Cathy; you captured the writer’s dilemma beautifully. Thanks also for the link to Stock Image Copyright. Though I think I’m pretty savvy about copyright issues for writing, I’m sure I’ll learn something as I don’t know much about image use. I tend to err on the side of attribution or not using anything I’m not sure about.

    Reply
  2. Cathy

    Thanks, Sharon. I am constantly learning new things about the issue as well. It’s a good idea to err on the side of caution when it comes to copyright issues.

    Have a great week, Sharon.

    Reply
  3. Anne Wayman

    Excellent stuff, Cathy. Do you know if I’m using a photo or other work in line with copyright here in the U.S. does that cover me world around? My blogs are all U.S. based… but I’ve often wondered about that.

    Reply
  4. Cathy

    Thank you, Anne. My understanding is that copyright is considered territorial, meaning it depends on where you’re looking about the protection. However, many countries have signed international agreements where the foreign owner of the property receives the same protection as the local law allows.

    Found this at the government site ~ http://www.uspto.gov/web/offices/dcom/olia/copyright/copyrightrefresher.htm

    Reply
  5. John Soares

    Thanks for explaining this so clearly Cathy. I’ve also written about copyright infringement with photos and it wound up being one of the most popular topics on my blog.

    You are right: most people don’t really grasp the concept of copyright for photos. It’s one of the reasons I still haven’t used Pinterest, which seems like a prime site for incorrectly sharing photos.

    And great vid!

    Reply
  6. Cathy

    Thanks, John. How did I miss that one of yours? I don’t use Pinterest either. I know there’s been quite a bit said about copyright issues (or at least questions). Hmm, perhaps another post. 😉

    Thanks for stopping by, John, and sharing your thoughts.

    Reply

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