Can You Still Face Copyright Penalties When Using Un-Copyrighted Images on Your Website?

As a Google SEO specialist, it's essential to understand the nuances of copyright laws, particularly when dealing with images on your website. You might wonder if copying and pasting an image that isn't copyrighted can still result in copyright penalties. Let’s explore this topic in detail to ensure you stay on the right side of the law.

Understanding Copyrighted Images

Are All Images Copyrighted?

All images are copyrighted, no matter where they come from. The misconception arises when we assume that images in the public domain don’t have any copyright. In reality, the copyright belongs to the public domain, but the term 'public domain' refers to the state where the copyright has expired and the work can be used freely by anyone. Therefore, if an image can be copied, someone owns the right to make those copies.

Legality and Legal Standing

Who Can Sue for Copyright Infringement?

Only the copyright owner has the legal standing to bring a copyright infringement lawsuit or file a DMCA takedown request. If you use an image without permission from its copyright owner, you could face penalties. However, if the image is not copyrighted at all, no one can sue you. This is because there is no copyright to protect.

It's crucial to understand that the absence of a copyright notice does not guarantee that an image is in the public domain. For works created on or after January 1, 1978, copyright exists automatically, regardless of notice. Therefore, even if an image does not carry a copyright notice, it is still copyrighted and protected under the copyright law.

Public Domain and Royalty-Free Images

Public Domain Images

Works in the public domain can be used freely by anyone. This means you can use these images without fear of copyright penalties. However, to ensure you are using a truly public domain image, you should verify that it has indeed passed the copyright protection period. The U.S. Copyright Office provides detailed information about copyright periods and public domain images.

Royalty-Free Images

Many websites offer royalty-free images that you can use without paying recurring licensing fees. Websites like Unsplash and Pixabay provide high-quality images that are free to use for any purpose, as long as you abide by the site's terms of use. However, even with royalty-free images, it’s important to carefully read the terms to understand the limitations and restrictions.

Using Un-Registered Copyrighted Images

If an image is copyrighted but not registered with the U.S. Copyright Office, the copyright owner cannot sue you in federal court. However, this does not legitimize your use of the image. Once the owner registers the image, they can sue you within a three-year statute of limitations. Therefore, always ensure you have permission or use public domain or royalty-free images to avoid any potential legal issues.

Conclusion

While using images that aren't copyrighted can seem like a quick and easy solution, the potential legal risks are significant. To avoid copyright penalties, always ensure you either have the necessary permissions or use images that are in the public domain or available under a royalty-free license.