Images and copyright law, what you actually need to know

Stock libraries can feel overwhelming. Sometimes, too generic. It can be tempting to search elsewhere for the perfect image to illustrate your meaning and complement your text. But, before you do, it’s worth being absolutely clear – are you legally allowed to use that image?

Copying is supposedly the sincerest form of flattery, but when it comes to images in marketing and on websites, it can also be costly. Copyright law, containing as it does particular legal terms can feel irrelevant and confusing  can feel confusing, so here’s what you actually need to know to stay on the right side of the law when it comes to your imagery.

Copyright, an overview:

In the UK, comes into effect the moment an image is created. There is no registration process and no need for the © symbol, protection is instead instant.

It gives the creator the exclusive legal right to:

• reproduce the image
• publish or distribute it
• license others to use it
• enforce their rights if it’s used without permission

It is essentially a property right, and it’s in using someone else’s property without permission that is where infringement occurs.

Some people understandably assume that if they own a copy of an image, a downloaded file or a photograph included in a presentation for example, then they automatically have the right to use it however they wish. While this might seem like common sense it is in fact not the case.

Unless the copyright holder has explicitly given you permission, you may not be legally entitled to use, reuse, edit, or publish the image.

Going back to the © we referenced earlier, just because there isn’t one doesn’t mean an image is fair game.

The Government warns in its guidance on copyright that when images are uploaded or downloaded, the metadata embedded within the file can be lost. That metadata often contains:

• creator information
• copyright notices
• licensing terms
• usage restrictions

The absence of a visible copyright mark is therefore not proof that the image is free to use.

Where to find images you can use

This is where things do get easier, there are plenty of reliable sources for legally reusable images, as long as you’re careful about and conscious of the licensing rules.

Creative Commons Search

Creative Commons, the non-profit behind CC Search, is the maker of the CC licenses, used over 1.4 billion times so far to help creators share knowledge and creativity online.

You can use Creative Commons Search (CC Search) to find openly licensed and public domain works.

These licences allow creators to share work under specific conditions, such as:

• attribution required
• non-commercial use only
• share-alike rules
• no derivatives (meaning you can’t edit the image)

When using CC Search, always review the specific licence for each image and follow its conditions.

Google Image Search Filters

Despite everything we’ve said above Google’s Image Search is absolutely a valid way of finding images, you just have to be careful. It does allow you to filter by usage rights (Tools → Usage Rights). However, while the tool is available Google does not in fact verify the accuracy of the labels. If you find an image you want to use therefore you’ll need to check the licensing information at the original source before publishing.

Stock Image Libraries (iStock, Shutterstock, Adobe Stock)

Yes they’re so large they can be overwhelming but the flip side is that there is huge choice for you to pick from. If you’re struggling to find something that works try flipping your search query on its head / rewriting it from a different perspective. Because stock agencies offer a reliable and efficient way to legally license images. What’s crucial is that when you pay for an image, you are purchasing a licence for it, not the copyright,

The two key types of image are:

Creative (Commercial) Images

These are usually for:

• marketing materials
• websites and landing pages
• brochures, leaflets, and digital ads
• promotional campaigns

Creative images usually include releases where required (e.g., model or property releases).

Editorial Images

These often cannot be used for:

• advertising
• promotional content
• endorsements
• any commercial use

Editorial images, as the name might imply, are for newsworthy or factual reporting, eg. journalism, commentary, or education.

Using editorial images for commercial purposes can lead to copyright issues as well as legal claims from the individuals or brands featured.

Want expert guidance on image use?

If you’re unsure about which images you can use, or how to structure your content for maximum impact then we can help. You can check out our guide on how to make the most of your images, or let’s talk about making your visuals work harder for you.