It is easy to search for an image through Google or Bing that would provide an eye-catching 
illustration to your blog. But using a copyright image, knowingly or not, can lead to legal repercussions and the end to your website.
Here is a brief introduction to copyright and fair trade use, and how you can protect yourself from trouble. Learning about the consequences of using copyright protected images on your blog can go a long way in protecting it.
Copyright laws: A short introduction
In the United States, a copyright protects original works of authorship, whether it is written word, an image, music, a sound or video record. Once it has been created, the author automatically has a copyright for the work.
Whether or not a piece of work has a copyright image (the “c” in the circle), the work is automatically protected, and does not need to be “registered” by the Copyright Office. Under the Copyright Act, the owner of the work has the right to reproduce it, display it publicly, create additions or derivatives based off the original work, and distribute copies of it through sales, rentals, lending, or its display.
Therefore, the use of the work by others, without the owner’s permission, is copyright infringement.
The fair use exemption
Under Section 107 of the Copyright Act, The Federal Government states that a piece of work can be used without permission of the creator if it falls under these specific categories:
1. The purpose and character of the use for “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research”;
2. Whether the object was used for commercial or nonprofit educational purposes.;
3. And whether or not the image was edited significantly: “the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work.”
[Source: Copyright Law of the United States of America, Section 107]
Fair use is more easily understood with printed materials: for example, it would be considered fair use if a few lines of a song were quoted in a review of an album. When it comes to photographs, a portion of a photograph might be used under fair use, as opposed to the entire image. It will all depend on the specific facts of the use.
Basically, a photo can be used under the definition of fair use when it does not interfere with the owner’s rights. Since fair use and images are tricky, and can involve many factors and decisions on a case-by-case basis, it’s important not to treat the “fair use” argument as acarte blanche.
The consequences
So what happens if you use someone else’s images, media, or material that does not fall under fair use?
The legal repercussions of you using an image
without the creator’s consent, or for a use outside of “fair use” can be great. You might find yourself
receiving a cease and desist letter in the mail or facing a lawsuit for copyright infringement.
Penalties can include large fees in thousands for using an image that you do not own. In addition, you may have to pay monetary damages if the image was used commercially. The federal judge might also ask you to remove and destroy the material you used without the creator’s consent, and can possibly require you to shut down your entire website.
Alternative solutions
There are many ways to get a hold of other images suitable for your blog, with permissions allowing commercial reuse or editing. You can begin searching on Creative Commons for images with a Creative Commons attribution (but always double-check the results of the search). There are also websites where you can find stock photos for free, such as Morgue File, or the Flickr Creative Commons Group.
I personally use 123rf - which offers high quality pictures at a reasonable price. Another great source of images I use is Free Digital Photos which offers a great variety of quality 400×300 images for free, as long as you add contribution to the author. If you want to download bigger images from Free Digital Photos, you will have to pay from $2-$10, depending on the size.
If you want to post a specific image you found online – ask the owner for permission. Some owners might request royalties if the image is used for commercial purposes, others might give permission freely as long as credit is given to them. But don’t assume that adding credit to a photo will keep you out of trouble–in many cases, it will not. Always go through proper channels in obtaining permission.
In conclusion, it’s always best to err towards the side of caution when using a image or media, especially if there is no identifying expression of ownership for the work.
For more information about creating the best blog post and protecting yourself from infringement penalties, join our discussion below.
Image credit: alexmillos / 123RF Stock Photo
Image credit: happyroman / 123RF Stock Photo
Image credit: alexmillos / 123RF Stock Photo