Using Third-Party Images in Books and Media

It’s happened to all of us. We are cruising through the Internet or checking our social media, when we come across this great image. It would be perfect for that post we’re drafting (or blog article, book, etc.). So, we ask ourselves, can I use this picture?

For random images on the Internet, the answer is probably not. Most images on the Internet are still copyrighted, and you risk the owner coming after you if you use them without their permission. But there are a few options for safely finding and using images:

  1. Get a license. If the owner gives written permission, you’re golden. Reaching out to a specific image owner can be difficult, but there are sites where you can buy a license without speaking with a person (e.g., Getty Images or Shutterstock). Be aware that you’ll usually need to pay for a license, but it’s the safest way to get an image you can use.
  2. Go to a free picture website. Not all image databases require payment. Sites like Pixabay and Unsplash let you download images for free. Just make sure that the website is legitimate and the owners have given permission for their images to be in the database.
  3. Look for a Creative Commons license. For those who haven’t encountered the Creative Commons, it is a collective that believes that content should be freely shared without restrictions. To facilitate this, they created some standardized licenses that can be attached to images and other content, which act as a shorthand for when and how the content can be used. The Creative Commons website has a search function to find images and other content that have been tagged with a Creative Commons license; most search engines also have a filtering tool that can search for images that have been tagged for reuse.
  4. Use public domain images. “Public domain” means that there is no copyright; either the copyright has expired or it was never copyrighted in the first place. Images from 1930 or earlier would fall into the first category, but I imagine demand for those images would be limited. A better bet would be images with no copyright protection, such as images created by a government entity or a machine. AI-generated images would fall into this category, but be aware that, while the lack of copyright protection means it’s free to use, it also means you can’t get exclusive rights to it either.

I hope that helps answer the question: Can I use this picture? If you have questions or would like me to review your use of an image, feel free to reach out to me at kaway@kawaylaw.com.

Author

  • Kelley Way

    Attorney practicing copyright, trademark and estate planning law.

Becky Parker Geist, BAIPA President, CEO of Pro Audio Voices Inc and AMPlify Audiobooks

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