Understanding the ins and outs of image licensing and usage can save digital marketers, web designers and other content curators from unnecessary penalties, ranging from cease and desist notices to lawsuits and financial demands.
Want to be sure you properly use images in your online content? An ounce of prevention is worth a pound of cure. Just follow our five simple steps, and you just might save yourself a load of legal trouble.
Read more at https://visme.co/blog/how-do-you-know-if-something-is-in-the-public-domain/#MstDSMPSPVr1L5uL.99
Can I Use This Image? How to Legally Use Copyrighted Images
1. CAN I USE
THIS IMAGE?
How to Legally Use
Copyrighted
Images
2. If you shot the image
with your camera, or if
you designed it, was it
your original concept?
If so, you automatically
own the copyright.
Is the image your original
creation? Did you design
the graphic or capture
the photo yourself?
Was the idea for
the design your
own idea?
YESNO
YES
NO
UNSURE
If the image isn’t your original creation, ask yourself
the following to determine if it’s eligible for fair use, a
doctrine which allows you to use copyrighted material
under certain circumstances:
3. Do you plan to use the
image for purposes such as
criticism, comment, news
reporting, teaching
(including multiple copies
for classroom use),
scholarship, or research?
If someone else took
the photo, or if the
image you created is
too similar to someone
else’s design, you
can’t use the graphic.
If you aren’t sure if the image is your
original creation, it’s better to take
caution when using it. Research the
picture to confirm if you inadvertently
copied someone else’s idea.
YES NO
4. CLICK HERE
to determine if your
use of this image may
be considered fair.
Is it possible to obtain
permission from the
image’s original source?
YES NO
Will you profit personally
or commercially from
publishing the image?
UNSURE
5. If it’s impossible to obtain
permission (70 years has
passed since the creator has
died and no other person
owns the rights), you may be
able to use the image.
If you are uncertain if the image is in
the public domain or creative
commons, avoid using it until you've
obtained permission.
YESNO
Is the image a part of the public
domain, or is it protected by a Creative
Commons agreement?
NOYES
Did you purchase the image
or obtain permission from
its original source?
6. If your image is in the public domain, its
original creators already released their
publication rights. Images protected by
Creative Commons may also be used,
but certain conditions could apply.
YES NO
Once you’ve purchased
publication rights, you
are free to use the
image for whatever
purpose, unless
otherwise stated in the
purchase agreement.
If you didn’t purchase the
image, and it’s not available
for free use under any
other stipulation, you
should under no
circumstances use the
image, regardless of where
you originally found it.
Always obtain
permission from the
original creator or
copyright owner, or just
create an original image
yourself.
WHEN IN DOUBT