Are All Images Online Copyright Protected?

Whether you’re using an image on your website, blog or social media account, you need to make sure it is legally protected. Copyright protects images as much online as they do in print, and it’s important to know your rights before you use them.

Most images you find online are copyrighted, and if you reproduce, publish or distribute them without permission or a valid license, that’s copyright infringement.

Public Domain

Many people believe that the term “Public Domain” means that creative works (including images, music, movies, and software) on the Internet are automatically fair game because they’re “freely available.”

However, public domain works are not all free to use. Some are protected by copyright, while others are in the public domain because their creators dedicated them to the public domain and haven’t tried to get a return on their investment.

In most countries, copyright protection ends on January 1st of the year after the author’s death, and works created before this date are automatically in the public domain. These works include literary works, musical compositions, audiovisual works and computer programs.

The concept of the public domain dates back to ancient Rome, and was incorporated into US law in 1790. However, the idea of a work being ‘free’ was not widely accepted until 1896. In 1909, the US reformed copyright laws to make them more flexible and allow authors to renew their rights.

Copyrights are usually only granted for the original work, but they may be extended if new versions of the public domain material are created, such as adaptations, translations and annotations. These new works may be eligible for a copyright, though they’re unlikely to be awarded.

A collection of public domain works may also be protected by copyright if it contains added original material that isn’t already in the public domain, such as additional illustrations. In practice, this is more likely to happen when the original creator has used creativity in choosing and organizing the materials.

A large number of the images on the Internet are copyrighted, while a large number of them are in the public domain. To know which ones are public domain, you can try using Appropedia’s Public Domain Search. This uses a manual index of known sites, so it isn’t 100% accurate. Alternatively, you can use the free Public Domain Review at the Open Knowledge Foundation to find public domain resources.

Copyrighted

Copyright is a legal right that protects original works of authorship. These include literary, musical and artistic works, and some computer programs. The law allows the creator of a work to control how it is used and distribute it, as well as to make changes.

In some countries, authors are also given the right to prevent other people from making copies of their work and selling it without their permission. This is called the “cease and desist” clause, and it can be very effective at stopping illegal copying of a copyrighted work.

The first owner of a work is normally the creator, but there may be other people who are co-owners, such as an employer or a record label. In some cases, copyright can be transferred between people through a contract or assignment.

When you’re creating images, it’s a good idea to know what type of copyright you have. This can help you understand whether your work is protected and if you need to get permission before using it online.

If you’re not sure, consult a copyright lawyer for advice. A lawyer can also explain the difference between copyright and fair use.

A work’s creator (or creators) can own a copyright for a term of between 70 years and 95 years, depending on the country in which it was created. The term of ownership is determined by the date of creation, and it can be passed down through contracts, assignments or wills.

As a general rule, if you create an image as an employee of a business, the copyright belongs to your employer. If you’re a freelancer, you might own the copyright of the work that you produce as part of your job, but this may not be clear in your contract.

The best way to avoid infringing someone else’s copyright is to ensure that you have the correct permissions before using any images online. This is especially important if you’re planning to post images on social media sites like Instagram or Twitter.

As a general rule, you can only use an image online when it is available under a Creative Commons license or has been released into the public domain. These are usually labeled as CC0 1.0 or Public Domain Mark 1.0.

Trademarks

Trademarks are recognizable words, phrases, symbols or designs that a company uses to identify its goods and services. Unlike patents and copyrights, trademarks last for 10 years and owners can renew them to maintain their protection.

The first person to use a mark in commerce has the right to protect it through registration with the United States Patent and Trademark Office (USPTO). Once registered, a trademark provides the owner with legal rights to enforce their ownership of the mark against others who might infringe on their intellectual property.

Generally, marks that are inherently distinctive have higher levels of protection than other types. Fanciful marks are inherently original terms or logos that do not bear a logical relationship to the products they represent, such as “Kodak” or the Nike “swoosh.”

Arbitrary marks are those that are merely existing words or designs used out of context to represent a particular brand, service or item, such as “Apple” for computers or “Shell” for oil and gas. These marks, however, do not have the same level of protection as fanciful marks.

Descriptive marks, on the other hand, do have a logical relationship to their underlying product or service, such as “Reese’s” for chocolate candy or “Jiffy Lube” for lubricants. These marks have a high degree of protection, but must have acquired secondary meaning in the mind of consumers before they are entitled to protect.

Another factor to consider is the territorial nature of trademark law, which means that protection only covers a specific country or jurisdiction. This means that the same mark cannot be protected in the UK and in the United States without a separate application.

The most common way of defending against trademark infringement is to file a civil lawsuit in a court of law. The plaintiff must show that the defendant has infringed upon their trademark and that this infringement is likely to cause confusion among consumers. The court will also consider whether the defendant is in good standing with the USPTO and has paid all maintenance fees. If the defendant has violated the trademark law, the court may order them to stop using the infringing mark.

Fair Use

Whether you’re writing a blog post, creating a video or publishing a PowerPoint presentation, everyone uses images and photos to enhance their work. However, it’s important to know when you’re allowed to use another person’s image without permission.

Fair use is a legal right that allows people to use copyrighted materials for certain purposes. It’s a broad exception that applies to all types of works, and it turns on a flexible proportionality test.

The main factor to consider when determining fair use is the amount of the original work used. The more that you use, the less likely it is that you will be able to claim fair use. This is especially true when using a thumbnail or hyperlink.

You may also want to consider the purpose and originality of the work. It’s usually easier to find fair use if the purpose of your use is to benefit society or promote education. It’s also more likely to be a fair use if the work was published and factual rather than creative or unpublished.

It’s also more likely to be deemed fair if the original work was created for a specific audience or market. A vacuum cleaner manufacturer, for example, was permitted to quote from a Consumer Reports article about vacuum cleaners in its advertising.

If you’re not sure if an image is fair use, it’s best to contact the creator of the photo or website that owns it. If they’re willing to discuss the issue with you, they will often be able to explain how to legally use the image and protect their copyright.

In order to stay within the rules, many businesses utilize digital rights management (DAM) tools. DAM helps companies clarify their use of images and ensures that they are in line with the latest copyright laws. DAM also helps simplify the license information that can be confusing when using different platforms and systems.

If you have a copyrighted image that you’d like to use online, be sure to check out our guide to fair use. It will help you understand what types of uses are protected and how to avoid being fined for not abiding by the copyright law.