Google Images can be a goldmine when it comes to locating the ideal images for your social media posts, blog articles, website content, presentations, and other documents. Many people are not aware, however, that there are copyright issues to be considered before using these images.
Just because images and other content are readily available on the internet does not make them free to use.
The cautious approach, to ensure you’re using images from Google legally, is to always assume the image is subject to copyright and undertake the necessary steps to either confirm otherwise or seek the copyright owner’s permission to use the image.
What is Copyright?
Copyright is a form of intellectual property that protects the original expression of ideas. It covers forms of expression such as:
- Visual works, such as photos, digital images, paintings, posters, and advertisements;
- Audiovisual works, such as TV shows, movies, and online videos;
- Sound recordings and musical compositions;
- Written works, such as lectures, articles, books, and musical compositions;
- Video games and computer software; and
- Dramatic works, such as plays and musicals.
It is a right that comes into existence automatically upon creation of the idea – there is no need to apply for or register the copyright – and it gives the creator of the idea the power to manage how their content is used.
Except in specific circumstances, any copying or publication without the consent of the copyright owner is an infringement, even if the use is for a non-commercial purpose.
Sometimes there will be a tell-tale sign that content, such as an image, is subject to copyright. This might include a watermark across the image or the presence of the copyright symbol, ©. This is not always the case and is not a requirement for the copyright owner to maintain their rights.
In Australia, the Copyright Act 1968 protects the rights of creators to determine how their work is used and distributed.
How can I get permission to use a copyrighted image?
Only the copyright owner can give permission for their content to be reproduced, published, performed, communicated, broadcast or adapted. They can do this by granting you a licence to use their content, which may or may not be conditional upon you paying a fee. Where the publisher or creator provides copyright information in the image metadata, you can use this to identify the copyright owner. For example, in Windows, if you have downloaded the image from Google, you can right click the file, select ‘Properties’ from the menu, select the ‘Details’ tab and check the copyright information, as shown in the screenshot below:
When approaching the copyright owner for permission to use an image they own, you should explain why you want to use the image and how and where the image will be seen.
If you cannot identify the copyright owner, the sensible approach is not to use the image.
What happens if I use an image from Google without permission?
Infringement of copyright occurs if you use all, or a substantial part, of another party’s content without permission and in a way which breaches their exclusive rights.
The consequences for infringing another party’s copyright depends on the scale and nature of the infringement.
You may receive a letter of demand from the owner of the copyright or their representative requesting that the infringing action cease.
It is possible that legal proceedings will be commenced against you to enforce the copyright owner’s rights, in which the copyright owner seeks a financial payment from you as compensation for the unauthorised use of their content and an order restraining you from continuing the infringement.
Copyright infringements may constitute a criminal offence if there’s a commercial element in play, such as reproducing the copyright content on a commercial scale for resale.
Takeaway thoughts:
- Assume that online content is protected by copyright; and
- Consider using images from stock photo agencies, which grant you a licence to use images in exchange for payment of a fee. You should read the terms of the license carefully, as it may only permit certain uses and may require payment of an additional fee for certain commercial uses.
If you are concerned that your copyright has been infringed or that you may have infringed another party’s copyright, it is a good idea to get legal advice about how to address the matter.
