5 Rules about Using Web Images in your Blog

lggodard
Lance Godard Editor and Social Media Manager at JD Supra, JD Supra

Posted on November 22nd 2012

5 Rules about Using Web Images in your Blog

ImageA quick scan of Google Images and there it is: the perfect photo to illustrate your best blog post ever. Right click… Save as… Upload and voilà: your post is ready to publish.

But that’s not the way intellectual property laws work. In almost every case, pictures found on the Internet (like songs and videos) cannot be used without the express permission of those who hold copyright.

To avoid a copyright infringement lawsuit, remember these five rules:

1. “Freely available” doesn’t mean free:

“Yes, the image is on Google Images. Yes, it would be easy to cut and paste and it fits with the topic of your post. But, just because it is on Google images, doesn’t mean it is free game.” (Looper Reed & McGraw

2. Don’t see a copyright symbol? Doesn’t matter:

“It is not necessary to obtain a copyright registration for the protection to exist nor is it necessary to use a © or other copyright notice for a work to be protected by copyright. Copyright protection exists from the moment a tangible work, such as text, music, drawings, photographs, and other types of works, is created.” (Mintz Levin

3. Without a license you’re not really “sharing.” Just taking:

“There is also not an ‘implied license’ to use copyrighted material because it appears somewhere on the Internet. Much of what is on the Internet is being ‘shared’ with the copyright owner’s permission through social media sites such as YouTube, Facebook and Twitter.” (Michelle Sherman

4. Think it’s “fair use”? Think twice:

“[Copyright] Myth 3: I can avoid copyright infringement liability by simply giving credit to the copyright owner. No, you cannot. That strategy may help with avoiding or mitigating liability predicated on trademark infringement based on the potential confusion of consumers related to the use of another’s trademark, but that strategy is ineffective when faced with a copyright infringement claim.” (Mintz Levin

5. Bottom line - a license is almost always cheaper than a lawsuit:

“The court determined that, had Dream Communications properly licensed the photo, it would have paid just under $8,000 in licensing fees. Finding that Dream Communications was liable for willful copyright infringement, the court awarded Pacific Stock statutory damages of $45,000 plus almost $7,000 in attorney fees and costs.” (Miller Canfield

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So what’s a blogger to do?

The final word, from Travis Crabtree

“Don’t assume photos are free. If you have any doubt, just ask. Just as important, keep that email as proof. Even if technically you did not get permission from the right person, you will show you made a good faith effort and avoid any willful infringement finding which can make you liable for statutory penalties and attorneys’ fees.”

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Further reading:

lggodard

Lance Godard

Editor and Social Media Manager at JD Supra, JD Supra

Lance Godard is an editor and social media manager at law news distributor JD Supra. He writes daily on legal issues of the moment, covering numerous industries and fields. Prior to JD Supra, Lance founded and ran 22 Tweets, in which he interviewed lawyers about their professional practice live, on Twitter, via 22 questions. He loves cycling, wearing yellow, and winning, but unlike the other Lance has never been accused of blood doping.

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Comments

Luís Costa
Posted on November 22nd 2012 at 2:54PM

It's always nice to remember that “Freely available” doesn’t mean free. It is also important to remember that nowadays, there's a nice offer regarding free images. For example: freemediagoo.com, openphoto.net, unprofound.com...

Petejabber
Posted on November 23rd 2012 at 10:08AM

You can freely use images from flikr that are under the creative commons attribution licence. Just add a credit for the photo.

You can search the Flikr creative commons here

Jason A Howie
Posted on November 24th 2012 at 2:46AM

You beat me to it.

I take a number of photos some are good some are just for myself and my family. But the good ones I share under the creative commons license on Flickr. My Google Alerts pings everyonce and a while with a new result from people giving me credit.

Copyrightuk
Posted on January 15th 2013 at 5:31AM

Nice to see you posting here  It’s great that you are focusing on this topic because many people are ignorant to their misuse of images. I recently saw a post where someone downloaded the thumbnail image from iStock – with the watermark still in place! I wasn’t sure if they didn’t notice or if they thought no one else would notice but that was a definite no-no. Thanks for the advice.

Kareen Hill
Posted on February 14th 2013 at 9:49AM

Hi,

I have a fashion blog, and wanted to know, If I use a picture of an item of clothes and write the name of the clothing company website name with a link. Is that Ok then? or does it still a violation?

awaiting your reply

Thanks,

Kareen