“A picture says a thousand words,” as the saying goes. When we come across images online, taken by someone other than ourselves, some of the words that go along with those images are “common law copyright belongs to the owner of this picture.” Let’s look closer at online image copyright questions.
Who Owns the Copyright to Online Images?
In the case of the image above, for example, the Owner of the image is this law firm, Sand Sebolt & Wernow, LPA. As such, if someone were to steal this image and display it on their own website, the Owner would have a claim of copyright infringement against the Unauthorized User of the picture.
“Copyright ownership” arises the moment the person taking the picture or creating the image or art affixes that image to the tangible media, thereby giving rise to a “common law copyright” that vests in the person or party who created the image.
Does the Image Need to be Registered with the U.S. Copyright Office?
No. A claim of copyright infringement does not require that the image or artwork be registered with the United States Copyright Office.
What About Pictures Posted Online? What Are Possible Consequences of Violating Someone Else’s Copyright?
Posting a picture online does not mean that the image is “free to use” by anyone just because the image was on a public – or semi-public – website or social media. Finding images on “copyright free” websites is not even a guaranteed way to avoid potential liability for infringing the copyright holder’s rights to the image.
Before using an image you found online, it is always advisable to determine, with certainty, where that image originated. If you don’t know or are unable to determine the origin of an image, the best practice is not to use the image in your content.
Use of an image without a copyright holder’s consent can easily cost thousands of dollars in fines and penalties if it goes to court and up to $150,000 per use of the image. By contrast, a few hundred dollars may be acceptable to the copyright holder in return for granting a license to use their work. With such financial penalties, why take the risk?
What Can I Do to Protect Myself When I Post Pictures Online?
If you’re already using images of unknown origin in your posted content, it’s not too late to “make it right” by contacting the copyright holder and attempting to work out a settlement. Such a proactive step can save you hundreds or even thousands of dollars and some major headaches down the line.
Even removing the questionably owned images from your content can be a step toward demonstrating that your misuse of someone else’s copyrighted material is not “willful” and can thus help to mitigate your potential liability if the true copyright owner would ever approach you regarding misuse.
If you’re worried that you have used multiple images or works of someone else’s art in your content that may open you up to more liability than you are comfortable with, you can always contact an experienced attorney or firm to assist you with “cleaning up” your content and helping you secure the rights to all of the images and artwork that you use online or off.
The only certain way to protect yourself from a claim of copyright infringement by the owner of an image that you’re using in your content is to take the picture yourself (or hire someone to take the picture for you as a “work for hire”). As such, please enjoy our image from our Christmas dinner, above – but do not use.
Need an IP Firm?
Sand, Sebolt and Wernow is an intellectual property law firm, specializing in patents, trademarks, copyrights, IP (intellectual property) litigation licensing, foreign filings and trade secrets. Contact us.