Copyright and the Use of Images for Webpages, Social media

Copyright is the right of an image creator, such as a photographer, to publish and distribute their work. The creator has exclusive rights and is allowed to set conditions with regards to what interested parties may or may not do with their image. Copyright protects the creator by preventing their work from being shared with the rest of the world without permission.

Importantly, anyone who creates an image holds its copyright, including the exclusive rights to copy or reproduce it. This is automatic. Copyright exists even if the creator never registers their work with a copyright office.  While a copyright owner may label the image with an indication of copyright (such as © or “all rights reserved”), it is not required.  Even if the image has no indication of copyright, the author can still claim copyright.

Copyright on images exists as soon as an image is created. All types of visual art are subject to copyright, including photographs, digital art, infographics, maps, charts and paintings.

Images on the open web are subject to copyright law in the same manner as any other creative work.  Distribution of a photographer’s images is not permitted unless the creator grants explicit permission.  There is no guarantee that an image is legally available for re-use just because it is freely accessible on the web.

That being said, there are many cases in which copyright law permits re-use. These include:

1. The image is a public domain work. Generally, anything published in the United States ninety-five years ago (or more) is in the public domain.
2. The image is available under a Creative Commons (“CC”) license. CC images are labeled as such. When using a CC image, be sure to provide proper attribution to the source.
3. The image is otherwise made available for re-use by the content provider. Some websites permit you to re-use their images on your own website, as long as certain conditions are met. In these cases, you can find out whether re-use is permitted by looking at the website’s Terms & Conditions.
4. You have written permission from the copyright owner.
5. The image is copyrighted, but re-use qualifies as “Fair Use.” Fair Use is a complex doctrine in copyright law. At UC, it should only be relied upon if absolutely necessary and only in consultation with the Office of General Counsel.    

Anyone posting an image on a UC webpage must first establish that such use is either expressly permitted by the copyright owner or is otherwise permitted under copyright law.  Failure to follow this procedure creates legal risk and can result in penalties for copyright infringement.