Guide

Image copyright: what website owners need to know

How copyright works for photos and pictures in the US, when you can use copyrighted images on your website, what fair use does and does not cover, how to copyright your own images – and what happens if you get it wrong.

Image copyright FAQ

Are all images on the internet copyrighted?

Nearly all of them. Under US law a photo or graphic is protected the moment it is created and saved. A missing © symbol, watermark, or credit line does not mean an image is free to use.

Can I use a copyrighted image if I give credit?

No. Credit (attribution) is not a license. Unless the license itself only requires attribution – as some Creative Commons licenses do – you need permission from the copyright owner, usually by buying a license.

Is using a copyrighted image on my website fair use?

Rarely. Fair use (17 U.S.C. § 107) is decided case by case using four factors. Decorative use of a photo on a business website, blog post, or product page is usually not fair use, because it serves the same purpose the photographer licenses the image for.

How do I copyright my own images?

You already own the copyright when you take the photo. Registering with the US Copyright Office (copyright.gov) is optional, but it is required before you can sue for infringement of a US work and before you can claim statutory damages and attorney's fees. Photographers can register many published or unpublished photos in one group application.

How long does image copyright last?

For images created by an individual since 1978: the author's life plus 70 years. For works made for hire, such as photos by employees: 95 years from publication or 120 years from creation, whichever ends first.

What are the penalties for using a copyrighted image?

For registered works, statutory damages range from $750 to $30,000 per work and up to $150,000 if the infringement is willful (17 U.S.C. § 504). Removing copyright management information such as a photographer's name or watermark can add separate damages under § 1202. In practice most cases start with a demand letter asking for a license fee.

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