04 Sep Image copyright explained: Stay legal and save money
I know a company that learned the hard way how expensive a picture can be.
A simple website image, dropped in without much thought, ended up costing them thousands in fines. It wasn’t deliberate theft, it wasn’t malicious – it was just a lack of awareness and a misunderstanding of where the image came from. But the copyright holder had every right to claim, and they did.
It’s a reminder that the internet isn’t a free photo album. Copyright owners are more active than ever, scanning websites and sending claims. And while the rules around image use can feel confusing and technical, the risks are painfully clear. ($$$)
The good news? Staying on the right side of copyright has never been simpler.
The growing challenge
I’ve worked in creative services for decades. Understanding copyright is second nature to me. The basic rule being: when in doubt, don’t.
But today, more than ever, it’s easy to do a quick Google search, find something you like, download it and then drop it on your own website or social media.
The rise of AI has blurred the boundaries even further. With infinite access to imagery online, copyright owners have become more proactive and assertive in fairly claiming their rights to ownership and compensation.
Why it’s complicated
Copyright is confusing but it doesn’t have to be. Here are some basic rules to live by.
- Understand the different copyright licenses in use on images. The most common are Attribution, Creative Commons, Royalty Free, and Editorial. (See the FAQ below)
- If it’s on Google search results, it’s generally not usable
- When in doubt, work with a professional designer who understands the rules of copyright
What does ‘Attribution’ mean?
This means you can use the image. Great! But you must give credit to the original creator. This can be done by including their name as an image caption below the image with a link back to the source. Without proper credit, you’re still infringing.
Can I use ‘Creative Commons’ images for free?
Sometimes, yes but it depends on the licence type. Some allow commercial use, some don’t. Some require attribution, others don’t. Always check the exact Creative Commons licence before using the image. There are 6 different levels. Yes this is confusing. It why I generally steer clear of Creative Commons licensed images unless it is really really good.
Also note the bolded word above: Commercial. This means a if the image is helping you sell, promote, or make money – even indirectly – it counts as commercial use and you can’t use it.
Does ‘Royalty Free’ mean it’s free?
No. It means you pay for the licence once and can use the image multiple times without paying extra royalties. But it doesn’t mean “free to take.” You still need to buy or download from a legitimate source. More on sources below.
What does “Editorial Use Only” mean?
This is a big one. These are the folks who’ll take no prisoners when coming after you for infringement. These images can’t be used for any marketing or commercial purposes. They’re for news articles, blogs, or commentary where the image illustrates a story (e.g. a photo of a celebrity, product, or real person going about their real life). Using them in ads or promotions would be infringement.
Editorial images are often found on good stock image libraries and come with a cost. They are increasingly available on Flickr too as the platform is a quick way for people on the frontlines in war zones to share images to the media.
The good news
There are now more resources than ever to get great images for your brand, website and social media posts without running into copyright trouble.
Free stock libraries
(Unsplash, Pexels, Pixabay).
Free to download and free to use. Some of these platforms have introduced premium paid tiers. Unplash+ is a paid tier which gives you access to some additional premium images.
Affordable paid subscriptions
(Adobe Stock, Shutterstock, Istock).
Huge variety for all budgets and licence types. You can pay with credits or get an unlimited subscription. On the right package deal, images can be anywhere from around $3 to $30 each. Choose wisely.
Premium Libraries
(Getty images)
Often the most expensive platform, but getting images offers some very premium Royalty Free photography. Also note that Getty own Istock Photos. So often you can find a royalty free image on Getty for $200 and that exact same photo on Istock for $20. Why? I have no idea.
AI generated images
The rules are evolving fast, so treat this as guidance, not legal advice! The gist is you can usually use AI-generated images in your work, but avoid outputs that look like copyrighted material. This is the “Don’t mess with the mouse” rule. If you generate an image that looks like Mickey Mouse, Disney will find you.
Also, always check the licence terms of the platform you made the image with, and don’t assume you ‘own’ the image in the same way as a photo you shot yourself.
Practical takeaways
- Always know the source of every image on your site.
- Keep a record of licences and usage rights.
- Train your team or set a clear image policy.
- When in doubt, don’t use it.
Copyright isn’t the enemy. It’s about respecting the people who made the original work. It’s now easier than ever to stay compliant if you build copyright awareness into your process.
And those who take copyright seriously will save money and build trust.
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