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Be aware: You Can Get Sued For Using Images On Your Website That You Don't Own.

by: Jon Cadieux on

One thing that still surprises me is the frequency of businesses getting images for their websites, blogs and social media posts from Google search or by just copying them from some other site. This is a big no no! In fact it's considered theft.

I know, everyone has done this at some point. I've even done it. Well, now I'm here to tell you that doing this can cost you big bucks and it's just not right. It could potential cost you thousands where had you just paid for the picture legally, it would have only cost a few bucks. 

Many websites, blogs, social media pages/posts and online profiles get many of their images this way. The problem is that this is illegal and you are likely to one day get a notice from the photographer or entity that owns the rights to the image. Usually, they don't contact you, their lawyer does.

You might be asking yourself "how are they ever going to find an image on my local business website?" It's easier than ever. All they have to do is upload or drag and drop their image into Google search and it will show them all of the images on the internet that are similar. This takes about 30 seconds and they've got you. They take a screen shot of your website/blog/social media post, contact their lawyer and the lawyer sends the letter demanding thousands for illegally using their property. 

I won't bore you with story after story about how businesses and individuals are getting cease and desist letters. Do a quick Google search using this phrase "website image copyright infringement" and you'll find all sorts of stories. These stories are all the same and all avoidable. 

These letters usually include a demand for at least a 4 digit settlement. I know of one recent situation where the website owner paid almost $4,000 in legal fees just to settle. They ended up agreeing \to pay the photographer $4,500, for a total cost: $8,500. For ONE picture! They could have bought one for a couple of bucks on most photo catalog sites.

I also recommend staying away from Creative Common (CC) sites. I think there are many photographers who are putting images on these sites as bate. What I mean is they know most people and businesses aren't documenting the when, where, who, what and terms of each image use and because the cost to litigate is high, people will settle rather than spending thousands to litigate and risk losing. Also, because there's an opportunity for photographers and stock photo agencies to make some money by suing, there is and will continue to be a big effort to catch copyright violators. They have every right to protect their property as you have every right to protect yours. Usually CC sites have several different terms of use policies. I tried reading through several; I ended up confused with a headache. Because I don't feel like I clearly understood my rights, I avoid CC images. All I can say is if you are going to use CC images, use them with caution.

The good news is the solution is easy. 

Step 1

Immediately stop using any images that you do not have the right to use. Basically this means any image you did not buy, rent, take or have the express written permission to use from its creator.

Step 2

From here forward only use images that you took yourself or the photographer has given you written permission to use or images you have purchased. There are many great sites to purchase quality images from worry free.

A few I like are:
  • BigStockPhoto.com
  • iStockphoto.com
  • iStackPhoto.com
  • PhotoSpin.com
  • ShutterStock.com
  • GettyImages.com
  • Canva.com (this is a great site to get creative)

Step 3

Use images on social media sites with caution. Sites like Facebook, Tumblr, Pinterest and Blogger won't protect you if you use someone else's images without permission. Again, use your own or purchase the right to use. 

Step 4

Keep all of your receipts for purchased pictures. You might even put together a spreadsheet and document the purchase details; date purchased, site you purchased from, image name, insert image into spreadsheet cell, how much you paid and copy and paste the terms of use. If you get harassed, just send them the details from your notes and they'll probably leave you alone. And of course, save all of your email receipts from each purchase. If you have an employee who handles this, make sure they put these receipts in a shared folder you own the rights to.

Again, make sure you understand the terms for using any images you buy. Most will let you use them on websites, social media and other digital mediums but don't grant you permission to use for printing; postcards, billboards, business cards, magazine ads, etc. Again, read them carefully. 

Step 5

Spread the word. Tell your friends and colleagues, help them avoid a big financial hit. 

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