You might have seen many images on different websites or blogs that you want to use for your own purposes, such as your website, blog, social media, presentation, or documents. You might think that it is easy to download and use those images just by clicking right. However, you should be careful because not all images are free to use. Some images are protected by copyright, and you need to get the creator’s permission before you use them.
If you use a copyrighted image without the creator’s permission, you could get into legal trouble, such as being sued, fined, or even arrested. So, how to know if an image is copyrighted? And how can you use images legally and ethically?
In this article, we will explain these questions by sharing a few ways to Know if an Image Is Copyrighted and give you some tips and tools to help you find images that are free to use or have a Creative Commons license. Let’s get started!
What is Copyright, and How Does It Apply to Images?
Copyright is a legal framework that grants exclusive rights to creators over their original works, including images, which are considered literary and artistic works. It ensures the protection of their intellectual property rights and prevents unauthorized use of their work. When it comes to images, copyright applies to various types, such as photographs, artwork, illustrations, and more.
“A legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings.”- World Intellectual Property Organization (WIPO)
The creator of an image has the exclusive right to:
- Reproduce the image
- Distribute the image
- Display the image publicly
- Make adaptations or modifications to the image
- Authorize others to use the image
These rights are not unlimited, however. They are subject to certain exceptions and limitations, such as fair use, which we will discuss in the next section.
Concept of Fair Use and Its Limitations
Fair use is a legal doctrine that allows some use of copyrighted material without permission or payment for purposes such as criticism, commentary, research, news reporting, or education. However, fair use is not a simple or definite rule but a complex and subjective analysis that depends on four factors:
- The purpose and character of the use: How and why the material is used, and whether it is transformative, meaning that it adds new meaning, expression, or insight to the original work.
- The nature of the copyrighted work: Whether the work is factual or creative, and whether it is published or unpublished.
- The amount and substantiality: How much and how important is the work used in relation to the whole work?
- The effect of the use: Whether the use harms or benefits the original creator or owner or affects their ability to profit from their work.
Fair use is not a reliable or safe way to use images in your blog, website, social media, or any documents. You could still face legal consequences or accusations of infringement, even if you think your use is fair. It depends on the specific circumstances of each use and the judgment of the courts. Therefore, it is better to use images that are free to use or have a Creative Commons license, which are more clear and consistent ways to respect the rights of image creators and owners.
How to Know if an Image Is Copyrighted
To determine if an image is copyrighted, you need to examine it carefully. One of the easiest ways to know if an image is copyrighted is to look for some clues that show that the image belongs to someone else. Here is our useful guide on How to Know if an Image Is Copyrighted:
#1. Scan Image Details:
If you find an image online, look closely for a caption that has the name of the image creator or the owner of the rights. There may also be an email address or a link to the image owner’s website. You can use that info to contact the image owner and ask to use their image by buying a license or agreeing to the terms of use.
#2. Check Watermark:
A watermark is a light mark or logo on an image that shows who owns it and protects their rights. You need the owner’s permission to use a watermarked image, but some images are not for use at all. For example, some watermarks say “All Rights Reserved,” “Do Not Copy,” or “For Editorial Use Only”. This means the owner does not let anyone use their image or only for specific purposes.
#3. Check Metadata Tag:
Another way to know if an image is copyrighted is to check the metadata tag. Metadata is data that describes information about the author, date, location, and license of an image. You can view the metadata of an image by using a tool such as Bing Image Metadata Viewer. You can use this information to contact the image owner and ask for their permission to use their image and you may need to follow their terms of use or pay a fee.
#4. Check Copyright Symbol:
To know if an image is copyrighted, look for the copyright symbol ©, usually placed in the lower right corner of the image. This symbol means that someone owns the image and that you need their permission to use it. You can try to find the name of the owner by looking at the symbol itself or by using a reverse image search tool, such as Bing Image Match. This tool can help you find the source of the image, where you may find more details about the owner and their terms of use.
#5. Search the U.S. Copyright Office Database:
It has records of registered works, such as images, books, music, and movies. Use Bing Image Search to find the image and see its registration number, date, and owner. Ask the owner for permission to use the image. You may have to follow their terms or pay a fee.
#6. Do a Google Reverse Image Search:
To check if an image is copyrighted, you can do a Google reverse image search. It lets you find the image source and owner information by uploading it or pasting its URL on Google Images. You can use this information to contact the creator and ask for their permission to use their image. You may have to follow their terms or pay a fee.
Some of the best reverse image search tools are Google Reverse Image Search, Bing Visual Search, TinEye, Pixsy, etc. Here is how to do it:
- Open Google Image Search.
- Click on the camera icon.
- By using the picture’s URL or directly pasting the image, you can initiate a search.
- From Google’s image findings, you should be able to find out ownership information.
Why Is Copyright Important?
You may wonder why you should care about copyright and why you should not just use any image you find online. The answer is simple: you should respect the rights of the creators and not use their images without their permission. This is the right thing to do. Here are some reasons why it is important to acknowledge and safeguard the rights of the creators and owners of various works of expression:
Protection of Intellectual Property:
Copyright protects the intellectual property of creators, including literary, artistic, musical, dramatic, and other works. It ensures that their original ideas, expressions, and creations are safeguarded from unauthorized use, distribution, or reproduction. By providing legal protection, copyright encourages creators to bring their unique visions to life without fear of exploitation.
Financial Incentive for Creativity:
Copyright plays a crucial role in providing financial incentives for creators. It allows them to derive economic benefits from their works by granting exclusive rights to reproduce, distribute, and publicly display their creations. It motivates creators to invest time, effort, and resources into producing high-quality content, knowing that they can reap the rewards of their creative endeavors.
Encourages Innovation and Progress:
Copyright supports innovation and progress by encouraging the exchange of ideas and knowledge. It balances the creators’ rights and the public’s access to existing works. Through fair use and licensing, copyright allows the creation of new works, adaptations, and transformative uses, leading to discoveries, artistic interpretations, and technological advancements.
Preserves Cultural Heritage:
Copyright helps protect and share our cultural heritage by keeping traditional expressions, folklore, and indigenous knowledge. It gives creators from diverse backgrounds a way to protect and share their cultural creations with the world while keeping their heritage authentic and intact. By respecting copyright, we can ensure the survival and recognition of unique cultural practices and traditions.
Support for Creative Industries:
Creative industries such as publishing, music, film, software development, and more depend on copyright. These industries help the economy, jobs, and culture. By protecting the rights of creators, copyright helps creative industries grow, attract investments, encourage entrepreneurship, and provide work for artists, writers, and professionals in various creative fields.
How to Find and Use Copyright-Free Images
Finding and using copyright-free images is essential to respect the rights of creators while obtaining captivating visuals for various projects. You might be thinking: Which images are copyright free? If you want to use images in your project without worrying about copyright, follow the guidance on how to find and ethically use copyright-free images:
- Understand Copyright Basics: Before you look for copyright-free images, you need to know the basics of copyright. It is a right that creators get when they make an original work, including images. It protects their work from unauthorized use, copying, or sharing. By respecting copyright, you respect the rights of creators and avoid legal problems.
- Use Public Domain Images: These images are free to use for any purpose without permission or fees. They are not copyrighted or have expired copyrights. You can find many high-quality public domain images on online platforms, such as Pixabay, Unsplash, and Pexels. You have the freedom to use them for your own or business projects.
- Explore Creative Commons Licenses: Creative Commons licenses allow creators to share their work while specifying the permissions granted. Several websites, including Flickr and Wikimedia Commons, host images with Creative Commons licenses. These licenses range from allowing free use (CC0) to permitting use with attribution, non-commercial use, or modifications. Always read and comply with the specific terms of the license.
- Conduct Advanced Search Techniques: Use advanced search techniques on search engines to find copyright-free images. For example, on Google Images, search and then click on “Tools” below the search bar. Then, select “Usage rights” and choose the right option, such as “Labeled for reuse” or “Labeled for non-commercial reuse.” This shows images that you can use for your purpose.
- Use Image Attribution Properly: Even when using copyright-free or Creative Commons-licensed images, proper attribution is important to give credit to the original creator. Attribution typically includes mentioning the author’s name, the image title or description, and a link to the source. Remember to read and follow the attribution requirements specified by the image license.
- Consult Public Domain and Copyright Experts: If you have specific questions or need guidance regarding copyright-free images, consider consulting public domain and copyright experts. They can provide insights on legal aspects of licensing and clarify any doubts you may have, ensuring your use of images remains ethical and respectful of creators’ rights.
Best Practices for Using Images Legally
Using images can enrich your blog, website, presentation, or document. However, you should be careful about how you use images, as not all images are free to use. You should respect the rights of the image creators and use images legally and ethically. Here are some best practices for using images legally:
- Learn Copyright Laws: Understand the laws and policies that safeguard the rights of authors and artists of works of expression in your region or country. Understand the concept of originality and the rights granted to creators upon the creation of their work. By understanding the basics, you can ensure that your use of images complies with legal requirements.
- Check Copyright: Always check the ownership and license of the images you want to use. You can use tools such as Bing Image Search or Google Reverse Image Search to find the source and owner of the images. You can also use tools such as Bing Image Metadata Viewer or ExifTool to view the metadata of the images, which may contain information about the creator, date, location, and license of the images.
- Obtain Permission: When using images that are not in the public domain or released under Creative Commons licenses, the most secure approach is to seek permission from the copyright holder or properly license the image. This may involve contacting the creator directly or using platforms that offer licensed images for commercial or non-commercial use.
- Follow the Terms and Conditions: Always follow the terms and conditions of the image owner. You should respect their wishes and requirements, such as giving credit, using for non-commercial purposes, or not changing the images. You should keep a record of the permission and the terms in case of any problems.
- Give Credit and Attribution to the Source: Acknowledge the creator and the source of the images and link to their website or profile. Show the type and the terms of the license of the images and use the right symbols or icons. You can use tools like Creative Commons License Chooser or Attribution Generator to help you make and format the credit and attribution.
- Use Royalty-Free Images: Royalty-free images are images that can be used for various purposes without having to pay royalties each time they are used. Numerous websites offer collections of royalty-free images that can be used by purchasing a license. Ensure that you carefully review the terms and conditions of the license to understand the rights granted and any restrictions that may apply.
- Use Stock Image Websites: Stock image websites provide a vast selection of images that can be used legally for a fee or sometimes for free. These platforms offer images covering a wide range of topics and styles, allowing you to find the perfect visuals for your project. Always check the licensing terms associated with each image before use.
- Be Mindful of Fair Use: Fair use is a legal doctrine that allows for the limited use of copyrighted material without permission from the copyright holder. However, it is essential to understand the limitations and interpretations of fair use in your jurisdiction. Fair use is generally applicable for purposes such as commentary, criticism, education, or news reporting.
- Create Your Visuals: To ensure complete control over the images you use, consider creating your visuals. By using your photography skills, graphic design software, or other creative tools, you can produce unique images tailored specifically to your project. This eliminates the need to rely on external sources and simplifies the process of ensuring legal compliance. After creating your visuals, you can contact Cut Out Image to enhance your images.
- Educate Yourself and Stay Updated: Copyright laws and licensing agreements may evolve, so it’s important to keep yourself informed and up to date with any changes. Stay informed about potential copyright issues, new licensing options, and best practices for image usage. This will help you make informed decisions and maintain legal compliance in your projects.
Conclusion ( How to Know if an Image Is Copyrighted )
Images are a great way to express yourself and your ideas, but they also come with legal and ethical obligations. If you want to use images for your personal or professional projects, you need to make sure that you are not infringing on the rights of the image creators or owners. In this article, we have shown you how to know if an image is copyrighted and how to use a copyright free image or have a Creative Commons license. By following these principles, you can use images safely and respectfully.
We hope that you learned something from this blog and enjoyed reading it. If you have any questions or feedback, please write them in the comment area below. We appreciate your input. And don’t forget to check out our previous and upcoming articles, where we offer more valuable insights on various topics.
