Understanding Copyrighted Images: When and How to Use Them Without Permission
Have you ever come across an image online and wondered if it is copyrighted? Understanding copyright laws is essential in today's digital age. Any image created over January 1, 1978, is protected by copyright unless explicitly stated otherwise. However, there can be ways to use copyrighted images without obtaining permission. This article will explore how to identify if an image is copyrighted and discuss the concept of Fair Use.
How Are Images Automatically Copyrighted?
According to United States copyright law, any image created after January 1, 1978, is automatically protected by copyright. This means that unless you have admissible evidence indicating otherwise, you must assume any image found online is copyrighted. The copyright protection lasts for the life of the creator plus an additional 70 years. Therefore, if the creator is deceased, you must check when they died to determine if the copyright has expired.
Copyright and Original Negatives
Exceptions to the general rule of copyrighted images do exist. For instance, if you have the original negatives or other original derivatives, the copyright might not be enforceable. However, this scenario is highly unlikely. The EU copyright law states that materials are free to use 70 years after the creator's death. Suppose the photographer lived to be 100 years old, making the cutoff year 1983. In this case, the image would be free to use in 2053.
Identifying Copyrighted Images
A clear indication that an image is copyrighted is the presence of a lowercase c inside a circle, which is often found on the image. This symbol is a recognized copyright notice but is not always used. Even without it, you should treat any image found online as potentially copyrighted.
Copyright infringement can result in severe consequences. Without written permission from the copyright owner, using an image can lead to legal action, financial penalties, and even a lawsuit. Therefore, it is crucial to always ask for permission to use any online image that does not explicitly state it is free to use.
The Concept of Fair Use
While obtaining permission is generally the safest course of action, there is a legal doctrine known as fair use. Fair use is a defense that can be used after being sued for copyright infringement. It is designed to allow socially responsible uses of copyrighted material for educational, research, commentary, and criticism. However, fair use is not a guarantee to freely use copyrighted material for commercial purposes or personal profit.
Why Obtaining Permission Is Essential
Always check the U.S. Copyright Office for any updates or special cases that might affect your use of an image. If the image is copyrighted, assuming it is public domain can expose you to legal issues. Giving credit to the creator is a good practice, but it does not replace the need for written permission.
To stay on the safe side, always ask for permission before using any online image. If you receive written permission or if the image is explicitly stated as free to use, you should still follow any specific terms and conditions provided by the copyright owner.
Understanding copyright laws and fair use can help you navigate the complex world of online images. By treating images as copyrighted until proven otherwise and seeking permission when necessary, you can avoid potential legal issues and contribute to a safer and more legal online environment.