Learning
Hard
Lessons from
Copyright
Mistakes
Website owners are legally responsible for content that they publish
Creating original image content for a website can be a real challenge. It is easy to rely on stock images, but that carries with it licensing fees which may be reoccurring and unexpected. There are sites that offer “free” images which can be used if the copyright guidelines are adhered to and the content creator is credited. It is crucial that all of the legal guidelines are well understood before any images downloaded from these sites are used. A drawback to using stock photography is that an image that is free today might not be tomorrow. The user is often unaware that a previously free image has become a licensed image. The worst method for obtaining images for a website is using Google Image Search and randomly grabbing images that fit the need.
DISCLAIMER: The information summarized below comes from a real experience. I have no legal training and I am not a lawyer nor am I affiliated with PicRights LTD or any other copyright compliance firm. Before making any decisions in the area of copyright, I strongly recommend seeking legal guidance from professionals with experience in copyright law. I am not receiving compensation from any of the sites that I provide links to in this post.
The misuse of copyrighted images can result in legal consequences
Content creators are eager to protect their intellectual property. Media companies such as Reuters, Associated Press, Shutterstock, Guardian, etc are invested in protecting their original content since this generates revenue either from licensing or publishing exclusive images to supplement written content. These media companies typically hire consulting firms to manage the task of enforcing their copyrights. One of the leaders in the compliance field is the Swiss-based PicRights LTD. PicRights uses a type of internet automation known as “bots” to crawl through website content and take an inventory of all of the images on a target website. This inventory is then compared to their extensive database of photography supplied by their clients. If a match is found, a copyright violation letter is sent to the website owner posting the image.
A quick Google search of PicRights LTD and similar firms results in some rather strong opinions. They are often called “patent trolls“, vultures“, “predators“, or “internet mobsters running a protection racket“. Regardless of public opinion, what these firms do is legal.
Sadly, It does not matter if the misuse was unintentional or accidental
What To Do If Contacted By A Compliance Firm
Don't Ignore It
If a cease-and-desist notification is received from one of these firms it is important not to simply ignore it. Do not treat it as spam or an internet scam. These notices are called DMCA Takedown Notices where DMCA stands for “The Digital Millenium Copyright Act of 1998“. A legitimate cease-and-desist notice will contain the name of the consulting firm, the name of the copyright holder, a thumbnail of the specific image in question, and where on the offending website it was located. The notice will also contain a request to pay restitution to “resolve” the matter. Simply removing the image from the website will not resolve this issue from their viewpoint. These firms are typically not law firms instead they earn their money by collecting fees from the violations that they are able to find. They will contact law firms specializing in copyright infringement for any cases that they are unable to resolve.
Do Some Homework
Research the consulting firm and make sure they are legitimate. Use Google Image search to determine the copyright holder of the image being challenged and make sure it matches the owner in the violation notice. Note when the image was published on your site, who published it, how long it has been up, and how the image is being used. Copyright claims can often hinge on seemingly minor details.
Provide a License, If Available
If a license to use a particular image had been purchased and is current then, reply to the notice with the license number. These firms can make mistakes. Providing a valid license number should resolve the matter and no further action should be required.
Remove the Image from the Site
If a license or permission to use the image in the violation notice doesn’t exist, promptly remove the image as a show of good faith even if there is a claim to be made for “Fair Use“.
Images can be used without permission from the copyright owner under certain conditions. “Fair Use” of photography is allowed for educational or scholarly purposes but is a flexible concept very much open to legal interpretation. As a website owner, it is important to have at least a basic knowledge of copyright law and understand the concepts of “Fair Use” versus “Public Domain“.
What is "Fair Use"
“Fair Use” refers to the limited use of copyrighted work either personally or commercially. Legal assistance is often required to determine if a particular use is allowed.
- Allows the use of copyrighted works in specific circumstances
- Uses can include Education, Scholarly Research, Analysis, Reviews, Parody and/or Satire
- Works must be always properly credited
What is "Public Domain"
Any work that has entered the “Public Domain” can be used personally or commercially without paying royalties.
- Works older than 70 years are typically no longer protected
- Be careful! There can be exceptions
- Content creators can release work into the public domain by waiving their rights
- Works produced by the government are not covered by copyright
Obtain Legal Assistance Promptly
It is strongly advised to obtain legal guidance from a law firm specializing in copyright cases before paying any restitution or making a claim for “Fair Use“. In most cases dealing with a compliance firm promptly leads to better outcomes than if the claim is escalated. Depending on the firm involved, there is likely room for negotiation. It might make prudent business sense to reach a payment arrangement and settle the matter quickly.
Preventing Notifications
Publish Original Content Whenever Possible
The best way to avoid any questions about the sources of website images is to publish self-created images or hire a photographer. Smartphones are more than capable of producing excellent images in a broad range of photographic situations. The larger the image selection that a website designer has to work it, the better the end result. Self-created photography does a better job of telling a story and connecting users to a website. Budget time or money for it!
Benefits of Original Photography
- Tells Your Story
- Connects Better With Your Audience
- Develops Trust
- Avoids Being Predictable
- Gives Google Unique Images to Index
- Improves Site SEO Scores
- Creates a Narrative by Using Multiple Similar Images
Use Stock Photography Sparingly
The primary hurdles faced in creating images are the time required or the feeling that significant technical skill is needed. This is often not true. Many of us post amazing images on social media all the time. Sometimes due to budget or time constraints, using stock photography is the only viable option. Stock photos can work effectively if interspersed with original images. There are several excellent sources of copyright-free or subscription-based photography. Each of the sites below has its own usage guidelines and it is critical to understand and adhere to them.
Check For Image Plagiarism
Using a Google Image Search on all images before posting them is a good way to determine the source of an image. It can also be used to determine if your original images are being used by someone else unlawfully.
To use the Google Images reverse image search function
- Go to the Google Images website
- Click on the camera 📷 icon to the right of the search bar
- Upload the image or paste the URL where the image can be located
Hold IT Vendors and Web Developers Accountable
When hiring web developers or IT consultants it is crucial to document expectations in advance before any work begins. Stating specifically where images are to be pulled from and understanding what charges might be incurred will prevent unpleasant surprises. Holding vendors financially accountable in a contract will prevent short-cuts and allows for legal remedies if mistakes occur.
Conclusion
Content creators are an important part of pushing the boundaries of creativity and they deserve to be properly compensated for their work. “The Digital Millenium Copyright Act of 1998” provides the legal framework to ensure this occurs. It is important to respect these boundaries and use work responsibility. Failure to do so can lead to stress, anxiety, legal battles, and lost revenue. Working with a vendor to create and publish original content will take your website to new levels.