Copyright Images in Social Media Marketing
Image rights can be a sticky subject for any company. From the outside it can seem like a huge grey area of uncertainty. Many businesses actively seek our brands and prosecute them for copyright infringement. If you’re unsure on any aspect of this vitally important issue, it’s best to learn the facts. Image rights directly affect you and your marketing campaign. Thankfully, we’re here to clear a few things up. This is everything you need to know about Copyright Images in Social Media Marketing.
Wait! Hold on a moment…
…Why should you care about sharing copyright images on social media? Everyone does it.
Sharing images on social media without the correct licence is infringement. You should start taking this seriously. It can come back to bite you. If you don’t fancy being sued anytime soon, you should probably give this a read.
So, what will we be addressing?
In our guide, you can find lots of helpful info including answers to the following questions:
- What actually is copyright infringement?
- What do social media platforms say about copyright?
- What are image licences and where can you find the best paid stock image sites?
- Where can you find free images?
- What are the restrictions of free images?
- What should you do if you’ve been caught infringing copyright?
The Lowdown on Image Copyright
In short, it’s a form of intellectual property protection that safeguards the copying, misuse or modification of something you physically create. This includes the pictures you find on Google and enthusiastically tweet to promote your latest DJ night or buy-one-get-one-free sale.
But why does it matter? You’re not doing any harm…
The truth is, the creator of a photo, video, song, etc. reserves the right to keep their design from being used by anyone else. This is especially important if you’re seen to use an image for commercial gain.
What Does the Law Say About Image Rights?
Let’s get legal!
The Copyright, Designs and Patents Act 1988 is the key piece of legislation to consider when reading up on copyright law. We gave this a (very long) look so you don’t have to.
This act gives creators the right to control the ways their material can be used. This is automatic, any work considered original that exhibits a degree of labour, skill or judgement is acknowledged by this law. Ideas alone are not covered by copyright.
In other words, all images online are automatically protected by copyright unless stated otherwise. More about exceptions like Creative Commons later.
What Can You Do? A.K.A. Fair Use
The law allows you ‘fair use’ of a creation protected by copyright. This is a notoriously ambiguous term that gets thrown around during copyright legal proceedings. Here’s what the law deems to be allowed:
- Private or research/study use
- Performance, copies or lending for educational purposes
- Criticism or news reporting
- Incidental inclusion
- Copies and lending by librarians
- Caricature, parody or pastiche
- Acts for the purposes of royal commissions, statutory enquiries, judicial proceedings and parliamentary purposes
- ‘Time shifting’ – recording of broadcasts to listen/view at a more convenient time
What is Incidental Inclusion?
Incidental inclusion is where a piece of work is unintentionally included in another. An example of this would be a news report which features music played by a passer-by.
When reading about this, it’s noticeable that sharing an image on your commercial social media accounts won’t be deemed ‘fair use’.
What is Copyright Infringement?
What You Can’t Do
It’s vital to know what you can’t do with an image covered by copyright. Here’s a full list:
- You cannot copy the image
- You cannot rent, lend or issue copies of the work to the public
- You cannot perform, broadcast or show the work in public
- You cannot adapt the work
- You cannot upload offline content to the internet
It’s also worth noting, a creator has numerous moral rights. This includes the right to be identified as the author as well as the right to object to derogatory treatment. Always consider these when using a piece of work which isn’t your own.
What Does this Mean to You?
When you post an image on social media, you are broadcasting it to the public. If you do not possess authorisation to share it, you are breaching copyright laws. Social media has led to a steep rise in users publicly sharing personally created images. You cannot use any of these images without the approval of the creator. The notion that images shared on social media are free from copyright is a misconception.
What Do Social Media Platforms Say About Image Rights?
You know those terms & conditions you didn’t read when you first joined Facebook, Twitter and Instagram? They actually offer a lot of detail on image rights/copyright. We took a look so you don’t have to.
What Does Twitter Say About Copyright?
Here’s Twitter stance on copyright:
They go on to say:
What Does Facebook Say About Copyright?
Here’s Facebook’s copyright policy:
What Does Instagram Say About Copyright?
Here’s Instagram’s rules on copyright and image rights:
What Does LinkedIn Say About Copyright?
Here’s more detail on copyright from LinkedIn:
“Please note that whether or not we disable access to or remove content, LinkedIn may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the Member who posted the content and/or take other reasonable steps to notify the Member that LinkedIn has received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Members, or groups as the case may be, who infringe or repeatedly infringe the rights of others or otherwise post unlawful content.”
What Does This Actually Mean?
What Are Image Licences?
There are plenty of sites out there which offer vast libraries of stock images just waiting for you to use. These sites require you to purchase a licence which gives you permission to use an image in a certain way. Unfortunately, this too can be confusing. There are numerous different types of licence. Just because you’ve paid money and been given an image in return, it doesn’t mean you can use it anyway you wish. There are rules and regulations linked with each image licence.
What Type of Image Licences Are There?
When purchasing images, there are three key types of licence you need to understand. You must understand the parameters of each licence and their restrictions before using an image. These are strict rules which could land you in trouble. The three key types are:
- Royalty Free
- Rights Managed
- Extended/Enhanced Licences
Royalty Free Image Licence
Royalty Free images are not free! You still need to purchase a licence. Royalty Free is the cheapest type of licence you can find. This is because you don’t have to pay additional royalties to the agency or image owner. You simply pay for the initial licence fee. The problem that arises with this is that anyone else can pay the licence fee and use the same image. This is not an exclusive agreement. Once you pay the licence fee, you can usually use Royalty Free images as often as you please.
Rights Managed Image Licence
Rights Managed images are usually exclusive in their usage. These are often customised to your needs/preferences. This means your licence will run for a set length of time, in a geographical region and with a limited distribution volume. With these images, you usually have the freedom to tailor your licence to your intended use. Due to the exclusivity, these images are often more expensive than Royalty Free images. It’s often possible to review the usage history of an image like this before purchasing a licence. This is a common choice for large companies.
Extended/Enhanced Image Licence
This is very similar to a Royalty Free image licence. Many Royalty Free images often have certain restrictions, these are usually related to the distribution/reproduction volume and resale use. With Extended/Enhanced images these restrictions are usually relaxed. The Extended/Enhanced rights agreement often differs so be sure you know what’s included.
Restrictions & Vital Licence Information
Even if you buy the rights to an image, you are not the copyright owner. The original photographer/creator will remain the image owner – you simply have the right to use it.
It’s worthwhile learning the caveats to your licence. This may include prohibiting the use of the image in sensitive contexts, promoting a brand, modifying the design or attaining any commercial gain. Always read the small print and take the time to understand what your specific licence allows.
Best Paid Stock Photo Sites
So, you want to pay for image licences? Here are a few of the best stock photo sites:
- Shutterstock – Subscription & On Demand plans available
- iStock – From the people behind Getty images, subscription & flexible plans available
- StockPhotoSecrets – Both monthly & yearly plans available
- Fotolio – From Adobe, this is another high quality stock image site with subscription and PAYG options.
What Are Creative Commons Images?
Creative Commons allows users to make their images available for public use without the need to request permission or purchase a licence. There are numerous types of Creative Commons licence so it’s worth scrubbing up on what you can and can’t do with each one.
CC0 Licence (CC0)
This allows the user to distribute, copy and modify an image. This can be done for commercial purposes and does not require you to give attribution to the creator. You can rest comfortably at night when using CC0 images – they are completely free and available for you.
Attribution Licence (CC BY)
This allows you to distribute, modify and add upon a piece of work. This can be done for commercial ventures but you must credit the original creator.
Attribution-ShareAlike Licence (CC BY-SA)
This lets you modify an image, even for commercial purposes, but you must credit the original source and licence the new creation under the same terms. This means all new works based on your creation will then have the same licence and so on. This is the licence commonly used by Wikipedia.
Attribution-NoDerivs Licence (CC BY-ND)
This allows you to use and distribute an image for both commercial and non-commercial uses but it must be unchanged and credited to the original creator.
Attribution-NonCommercial Licence (CC BY-NC)
This licence allows the use and modification of an image providing it’s for non-commercial purposes.
Attribution-NonCommercial-ShareALike Licence (CC BY-NC-SA)
Pictures with this licence can be used and modified for non-commercial use as long as you credit the original creator.
Attribution-NonCommercial-NoDerivs Licence (CC BY-NC-ND)
This is the most restrictive of the CC licences. This only allows users to download your images and share them with others as long as they are credited and not used commercially.
Where Can I Find Free Images?
There are plenty of really helpful sites out there which offer high quality images for free. It’s important to check each site’s individual terms before using an image commercially. Here are some of our favourite sites to use.
StockSnap is a great tool for any company seeking CC0 images. Here you can find high quality, high resolution images added daily. The site curates the best stock images on the internet to reduce the hassle and concern of finding the perfect picture.
Negative Space offers a broad range of high quality images available for personal and commercial use without restrictions. The site’s category system makes finding the ideal image a seamless process.
The brainchild of photographer Vicktor Hanacek, Picjumbo allows you to use these attractive images for both personal and commercial purposes. There are paid premium options available, though the free site offers plenty of top choices.
Unsplash is one of our favourite free stock image sites. The images are unique, stylish and fresh. You could browse the collection for hours without finding a bad photograph. 10 new images are added every 10 days.
If you’re looking for free images with personality, this is your site. All photos are taken by Ryan McGuire and radiate his unique, quirky style. This is a stock image site like no other.
There are so many great stock image sites out there! We couldn’t possibly feature them all here. In the coming weeks we’ll bring you an ultimate guide to the best free stock image sites. Once you discover how much choice there is, you’ll forget Google Images even exists.
What Are The Penalties for Breaching Copyright?
Okay, so now we’ve got you worried (sorry about that!). You’re scratching your head wondering what penalties you could face for using copyrighted images.
Here’s what you need to know…
Only the copyright owner, their legal representative or someone in possession of the exclusive licence is able to contact you about any possible infringement.
Depending on the severity, you could be liable to pay a fine of up to £50,000 or a prison sentence. Let’s be honest, the likelihood of receiving a prison sentence for sharing an image on social media is low (this is more likely to be delivered to severe counterfeit operations). You are however, more likely to face an unpleasant fine.
The usual procedure is that a copyright owner will write to you claiming compensation. This letter will usually threaten legal action in the event the claim isn’t settled amicably. Citizens Advice points out that this is a ‘letter before action’. This means it’s the beginning of legal proceedings and should be dealt with seriously.
If you’ve been sent a letter such as this, we strongly recommend you seek legal advice. If you’re a startup/SME which can’t necessarily afford legal advice, Citizens Advice can help you with the following:
- Determining whether the letter is genuine
- Finding more information on the alleged infringement
- Responding to the letter (either admit or deny the claim)
- Assessing whether the damages payment is considered reasonable
- Negotiate with the copyright owner to settle out of court
- What to do when being taken to court
I’ve Infringed Copyright, What Do I Do?
If you’re caught infringing copyright, it can be a stressful and scary time. This can happen, even if you weren’t aware that you were in the wrong. Unfortunately, ignorance isn’t an excuse.
Should I Pay Compensation?
The owner of the copyright can request a compensation payment for any profit they’ve lost as a result of your actions. This can be very difficult to measure. If they request a settlement amount, ask how the figure is justified and calculated. You should be provided with an in-depth break down of any payment requested.
Citizens Advice offer this guidance:
They also go on to say:
Account of Profit
An account of profit is a key factor in any commercial copyright infringement claim, this is usually dealt with by civil or criminal courts. It’s the responsibility of the copyright owner to prove that you’ve profited from an infringement. If you haven’t, you should make this known from the outset. If you receive letters that inaccurately discuss an account of profit, it’s vital to inform the copyright owner that you haven’t actually profited.
Denying the Claim
You have the right to deny a claim of infringement. Even if you have infringed, you can reject a settlement if you feel it’s too much.
It’s perfectly acceptable to let the claim settle in court. This may be your desired option if you don’t believe you’ve committed an infringement or believe the settlement sum is inappropriate. It’s worth remembering, if a court rules against you they may force you to pay additional damages (legal costs, flagrant infringement compensation, etc.).
Becoming embroiled in a conflict concerning copyright infringement can be highly unpleasant. If you feel pressured, threatened or harassed, you may wish to report the issue to Trading Standards.
This Isn’t Legal Advice
This article is intended to offer guidance and assistance about copyright infringement. All information mentioned here is accurate at the date of publishing. Remember, this is not legal advice. Every circumstance is different. If you’re unsure, seek assistance from a qualified legal professional.
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