In today's digital age, with almost any content freely available online, it's tempting to use someone else's image for your own purposes. It's important to consider, however, whether you have permission to use that image. Celebrities are not immune to this issue. Numerous famous individuals have been sued for posting paparazzi photos of themselves on their social media accounts. The problem with this practice is that such content is often protected by copyright law.
WHO OWNS THE COPYRIGHT TO AN IMAGE?
Typically, the creator of an image (such as a photographer, graphic designer, or artist) owns the copyright and has the sole right to use, reproduce, distribute, prepare derivative works, sell, and license the image. By law, copyright protection automatically vests once the image is fixed in a medium. Registering a work with the U.S. Copyright Office can provide additional benefits to copyright holders, such as the ability to obtain statutory damages for infringement, or the ability to recover the copyright holder's attorneys' fees.
CAN FREE IMAGES ON THE INTERNET OR SOCIAL MEDIA BE USED?
Even if an image is freely available on the internet or social media, it cannot be downloaded, copied, shared, or used to create another work based on that image without permission from the copyright owner. This is true even if the image does not have a copyright notice, attribution or watermark attached to it. There are limited exceptions to this principle, such as fair use, which you can read about in more detail here.
It's worth noting that even if the image is an image of you or you hire a photographer to take photos, for example, you may still be liable for copyright infringement if you don't have permission from the copyright owner to use the image. If you are the subject of the photo you might have rights of publicity depending on the situation, but using the photo might also make you liable for copyright infringement. Permission typically takes the form of a written license, or an assignment found in a contract for services.
WHAT ARE THE DAMAGES FOR COPYRIGHT INFRINGEMENT
Copyright infringers may be liable for actual damages—which include any profits the infringer made with the image—or statutory damages (capped at $30,000 unless the infringement was willful, in which case the cap is $150,000). Copyright infringers may also be required to pay the copyright owner's reasonable attorneys' fees. Removing a copyright notice from an image or failing to remove an infringing image after being notified can be evidence of willful infringement.
WHAT ARE SOME OF THE PROPER WAYS TO SECURE PERMISSION TO USE AN IMAGE?
To secure permission to use an image, consider using a stock photo website like Getty Images or Shutterstock, which license the right to use their images. It's important to review the scope of the license before using an image. Creative Commons (CreativeCommons.org) is another option. If you're hiring someone to create imagery, consult an attorney to ensure the agreement transfers all rights and interests to you, or provides you with a license that addresses your needs. When you are dealing with a license, review the terms of the license carefully so you know exactly what the license permits you to do with the image. Website owners and social media users should take care when using images they didn't create, as diligent copyright owners may target them with infringement suits to obtain quick, easy settlements.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
