The short answer
Images and copyright go together by default. In the US, a photo, illustration, or graphic is protected by copyright as soon as it is created – no registration, notice, or watermark required (17 U.S.C. § 102). To use a copyrighted image on your website you need permission from the owner, usually in the form of a license. Without one, you risk a demand letter or a lawsuit.
What image copyright protects
- Photos: professional shots, product photos, and casual snapshots alike.
- Illustrations, icons, infographics, and digital art: any original creative work fixed in a file.
- Edited versions: cropping, filters, or adding text create a derivative work – the original owner's rights still apply.
- Not protected: facts and ideas, most works by US federal government employees made as part of their job (§ 105), works whose term has expired, and images the owner dedicated to the public domain (for example CC0). Purely AI-generated images without human authorship are generally not registrable, according to the Copyright Office.
Image copyright laws in brief
| Rule | What it means for your website |
|---|---|
| Automatic protection (§ 102) | Assume every image is owned by someone unless you can prove otherwise. |
| Exclusive rights (§ 106) | Copying, displaying, and adapting an image online all need permission. |
| Fair use (§ 107) | A narrow defense decided case by case – not a rule you can plan a website around. |
| Statutory damages (§ 504) | $750–$30,000 per registered work, up to $150,000 if willful. |
| Copyright management information (§ 1202) | Removing a photographer's name, watermark, or metadata can add separate liability. |
| DMCA notice and takedown (§ 512) | Owners can ask your host to remove infringing images; repeat issues can affect your hosting. |
Using copyrighted images on your website
You can use a copyrighted picture on a website when one of these applies:
- You created it yourself and haven't transferred the rights.
- You hired a photographer or designer and your contract grants the uses you need (website, ads, social).
- You bought a stock license and your use fits its terms (standard vs. extended, editorial vs. commercial).
- The image has a free license such as Creative Commons and you follow every condition, including attribution.
- The image is in the public domain – and you can document why.
The most common mistakes: pulling a picture from Google Images, re-using a photo your previous agency licensed for a different client, keeping images after a stock subscription or license ended, and using "editorial use only" photos on sales pages. Our guide on royalty-free vs. copyright-free images explains the license terms that trip people up most often.
How do you know if an image is copyrighted?
Assume it is, then find the owner. Check for a credit line or watermark, read the file metadata (author and copyright fields), and run a reverse image search to find the original source and any stock-agency listings. Step-by-step instructions are in how to check if an image is copyrighted, or paste an image URL into our free image copyright checker.
How to copyright an image you own
- Nothing to do for basic protection: you own the copyright the moment you take the photo.
- Add your name and copyright to the file metadata (IPTC/EXIF) and keep the original files.
- Optional: add a © notice or credit line – it removes any 'innocent infringer' argument.
- Register with the US Copyright Office (copyright.gov) if the images matter commercially. Registration is required before suing for infringement of a US work and, for statutory damages, must happen before the infringement or within three months of publication.
- Photographers can register groups of photos in one application instead of image by image.
What happens if you use a copyrighted image without permission
Most cases start with a letter from the photographer, a law firm, or an agency such as Getty Images, PicRights, or Copytrack asking for a license fee or settlement. Taking the image down usually does not end the claim for past use. If that has already happened, start with our copyright demand letter resources. If not, the cheapest fix is finding problem images before anyone else does.
Audit your website in four steps
- Inventory every image: pages, blog posts, sliders, backgrounds, old landing pages.
- Match each image to its source: own photo, contractor, stock site, agency, unknown.
- File the proof: license, invoice, contract, or permission email per image.
- Replace or license anything without proof – starting with stock-photo matches.
A free ImgCompliance scan handles the first two steps: it finds up to 100 images on your site, runs a reverse image search on each one, checks 30+ stock and design platforms, and sorts the results by risk.
Not legal advice
This guide is general information about US copyright law, based on Title 17 of the US Code and Copyright Office guidance. For a specific dispute, talk to a copyright attorney.