The Internet is a fantastic place. Websites are simply clamoring for your attention, and many of them will give you something for free just for stopping by. You don’t have to pay to access most web sites, either. You can browse or search for just about anything and find a free resource that fills your needs. Articles, indexes, ebooks, .pdfs, and images are everywhere.
Accessing these resources is easy, legal, and free. How you use these materials, however, can be like walking a tightrope—there are lots of ways to screw up, and many of them hurt.
Images Are Easy to Grab
If you need images for a project, it’s really easy to grab images off the web using Google Image Search, Microsoft Live Search Images, or any stock photo site. Some of them even come formatted just the way you need them. With others, a little work with a smudge tool or creative use of cropping removes watermarking and makes the images look just like they came from your copy of Photoshop or digital camera. Is it ok to gather images this way? We have to look into the definition of a copyright to know for sure.
What Is a Copyright?
Copyrights are intended to protect a creator’s rights to the content he or she created, especially with regard to financial compensation for the use of the content.
Private incentives to create are supported by the exclusive rights that owners of copyright enjoy. Copyright owners (or their assignees) have the right to carry out or authorize reproduction and distribution of their work; preparation of derivative works; and, for literary, musical, and various visually based works, the public performance or display of their work. (1)
How Do I Know Something is Copyrighted?
The U.S. Copyright Act states that a copyright exists once an “original work of authorship [is] fixed in any tangible medium of expression . . . from which [it] can be perceived, reproduced or otherwise communicated.” (2) Thus, images “fixed” to files and hard drives are copyright, by default and without notice, the moment they are created. Everything on the Internet is copyrighted—how you use content is simply a matter of what permissions the creator has given you for its use.
Infringing on Copyright Holders’ Rights and the Consequences for Doing So
Using images from websites found through a search engine image search or from stock photo sites without permission or payment is infringing on the copyright holder’s rights. This includes creating derivative works.
There are some exceptions to copyright rules that fall under “fair use,” but most of these are in relation to educational purposes or making copies of something you already paid for the right to use. It you are going to use an image or other content for monetary gain (like on a blog with ads), then you definitely need to follow copyright law.
If you infringe on a copyright holder’s rights, there are three general outcomes. You might not get caught, but then you have to live with knowing you broke the law. You might be caught and asked to pay fines or damages. Finally, you might get caught and have someone take you to court.
Getting caught does happen, too. I have recently seen at least two companies that have had to pay fines. One had to pay $240,000 for the use of images it didn’t have the rights to. It nearly sank the company.
Play by the Rules
It’s more expensive to get caught than it is to pay for images up front, and all three outcomes for infringing on copyright holders’ rights reflect very poorly on your character. If you respect copyright holders’ rights, then you can justly expect others to do the same and you can morally enforce your rights. You could also put a line on your web site or on your work that states you comply with all copyright laws. This marketing statement may help reward you for following the law. Finally, following copyright law will let you be comfortable in your own skin—you’ll be able to feel that you are an honest person.