Image copyright is not anyone’s idea of a hilarious dinner table conversation. But for social marketers, this is a must-know.
Content with images attracts significantly more attention. If you don’t have the time, tools, or resources to create all your own visuals from scratch, you need to figure out how to properly find, use, and credit images created by others without breaking the law.
What is image copyright?
Image copyright is the ownership of an image. Anyone who creates an image owns the copyright, including the exclusive right to copy or reproduce it. This happens automatically: copyright exists even if the author never registers his work with the copyright office.
The copyright for an image arises from the moment the image is created. All types of fine art are subject to copyright:
- photos
- digital art
- infographics
- cards
- charts
- paintings
… and so on.
The specifics of image copyright laws may vary slightly from country to country. Fortunately, 181 countries, including Canada and the United States, are parties to the Berne Convention, which sets the basic standards for copyright.
Under the treaty (and the copyright laws of Canada and the United States), the copyright owner has exclusive rights to:
- Translate the work (if it includes text)
- Play Job
- Create derivative works based on the work (for example, use an image as a background in a video or otherwise modify the image).
- Share your work in the public domain
- Expose your work to the public
In short: if you created the original image, it belongs to you. This ownership gives you exclusive rights to display and reproduce what you create.
If you didn’t create it, you need permission to use it. We will go into details in this post.
What is fair use?
Fair use is an exception that allows a copyrighted work to be used without permission in certain cases that are “beneficial to the public “.
General contexts for fair use, as set out in Section 107 of the U.S. Copyright Act, include “criticism, commentary, reporting, teaching (including multiple copies for classroom use), scholarship, or research.”
You will notice that marketing does not appear in this list.
In fact, one of the main questions used to determine fair use is “whether such use is for commercial purposes or for non-commercial educational purposes”. Non-commercial and educational use is much more likely to be considered fair use.
Other factors used to determine fair use include:
- How much work is being used. So, for example, quoting a couple of lines of text is more likely to be fair use than reprinting an entire paragraph or chapter. For images, this is more difficult to apply.
- How use affects the potential value of the original work. If you post someone else’s image without permission, you get likes and other actions that should go to the original creator. It devalues their work.
What is Creative Commons?
Creative Commons is a non-profit organization that has developed a set of licenses to help standardize copyright resolution and attribution. You may have seen Creative Commons (or CC) licenses on sites like Flickr, YouTube, or Wikipedia.
Here’s a great example of CC license attribution in action on YouTube. The video, created by Sean Riley, not only explains the history of Creative Commons, but also includes all CC-licensed images, sounds, etc. in the video description.
There are several different Creative Commons licenses. They give artists the opportunity to specify how their work can be used. This means you can’t just assume you can use something because it’s CC licensed.
Types of Creative Commons licenses
Here are the different types of CC licenses you can find online. As you read them, keep in mind that marketing is clearly for commercial purposes.
- Attribution-NonCommercial-No Derivatives (CC BY-NC-ND): This license means you can copy and distribute the image, but you can’t modify it and you can’t use it commercially. And, as the name of the license suggests, you must credit the author.
- Attribution-No Derivatives (CC BY-ND): You may copy and distribute the image, including for commercial purposes, but you may not modify it. So, for example, you can’t add overlay text, crop, or apply filters. Attribution required.
- Attribution NonCommercial-ShareAlike (CC BY-NC-SA): You can use an image and adapt it for something new. However, you may not use it commercially, and you must share your modified work under the same type of CC license and attribution.
- Attribution-NonCommercial (CC BY-NC): Same as above, but without the requirement to use the same CC license for the modified work.
- Attribution-ShareAlike (CC BY-SA): You can use an image and adapt it for something new. You can use it commercially, but you must share your modified work under the same type of CC license and credit it.
- Attribution (CC BY): Essentially, the only requirement is attribution.
- Public Domain/No Copyright: If the author has waived all of their rights or the copyright has expired, the work goes into the public domain. It is listed as CC0 1.0 Universal (CC0 1.0) in Creative Commons. This is the license to look for if you need a non-copyrighted work.
The most secure image search options for social media marketing are attribution-only and CC0 1.0 public licenses. Remember that any license that includes the word “attribution”means you have to give credit to the creator.
Before we dive into social media image copyright, here’s a quick cheat sheet to get you started.
Copyright laws for social media are pretty much the same as copyright laws everywhere. If you wish to use an image that does not belong to you, you must obtain permission. This can be through a license or directly from the creator.
For example, Instagram says, “According to Instagram’s Terms of Service and Community Guidelines, you can only post content on Instagram that doesn’t violate anyone’s intellectual property rights.”
When someone shares an image on a public social account, it does not make it public. They still own the copyright. However, since social media is meant to be shared, there are some unique uses for copyrighted images.
Publication of photos
It is generally possible to re-share images on the platform using native sharing tools. Retweets, reposts, repins, or content posted to an Instagram story are automatically credited to the author.
In addition, these actions are only possible if someone has activated these permissions for the account, and they are subject to the terms and conditions of the platforms.
Sharing is a great strategy for both small and large businesses. For example, this local restaurant near Vancouver has a whole story of posts, stories and videos shared by diners.
Remember that all these types of reposts are built into the platforms. Anything that requires you to copy or upload an image is not a native repost. Which brings us to…
Reposting Images in the Feed
Many brands publish user-generated content. In fact, this is a great marketing strategy as it fills your content calendar and creates social proof.
But if there is no built-in feature that allows native reposting, you need to request permission. This includes sharing content on your Instagram feed. Providing credit is also important, but it is not enough.
A branded hashtag is a great way to gather user-generated content. However, this is not considered permission. Before reposting a photo – even one that uses a branded hashtag – send a DM or comment to make sure the author is on board.
For example, #DiscoverSurreyBC is the signature hashtag of Discover Surrey. However, they still applied for permission to use this photo with the hashtag and noted that they would provide credit.
Stitches, duets, remixes, etc.
Instead of just sharing, these tools allow you to build on work created by others on social media.
@gordonramsayofficial #duet with @veganrecipes Thank goodnes he didn’t dehydrate the Lamb Sauce…. #ramsayreacts #vegan
Again, since these are native features, no additional permissions are required other than the attribution built into the respective app.
The original creator will be automatically credited and notified. Anyone who does not want their content to be used in this way can disable the relevant options in their account.
If you are caught infringing someone’s copyright on social media content, the first response is likely to be a cease and desist letter. This is a letter from a lawyer instructing you to stop using the image and remove it from your account. You may also be asked to pay an amount representing lost income to the company that owns the copyright to the image.
If you quickly delete the image and offer the deepest apologies, things may not go any further. But if you’ve made money from someone else’s image, or used it in a way they find particularly objectionable, you could face legal action.
Or, if you have received reports of multiple violations of the rights of social platforms, you may find yourself banned from your account.
For example, Instagram says, “If you repeatedly post content that infringes someone else’s intellectual property rights, such as copyrights or trademarks, your account may be disabled or your Page removed in accordance with Instagram’s repeat infringement policy.”.
In short, infringing someone else’s copyright is not worth the hassle, cost, and potential reputational risk to your business. Luckily, there are plenty of places to find images to use on social media that won’t give you a problem.
Hootsuite media library
The Hootsuite media library found in Composer contains a vast collection of images and GIFs that you can use – free and legal! – in your social posts.
To access your image library, start publishing in Composer, select your social networks, and click Browse Media under the Media section.
Select “Free Images”from the drop-down menu and enter your search terms to find the images you want.
Try Hootsuite for free. You can cancel at any time.
Advanced Google Image Search
Google Images is a good place to start your search if you do it right.
Just because something appears on Google Images doesn’t mean you can use it on social media or anywhere else for that matter. Most of the images that appear in Google search results are copyrighted. You may not use them without permission.
Luckily, Google’s advanced image search allows you to search for images with “commercial and other licenses”.
Before using any of these images, please click to find license information. Some may be free for commercial use. Others may require payment, attribution, or both.
Another handy feature of Google Advanced Image Search is the ability to search for images with the correct aspect ratio and size for social media.
Websites with free stock photos
There are several sites with free photos.
There’s one for just about every need you might have as a social marketer, from classic office shots to artsy backdrops.
In recent years, several stock image libraries have been created to promote diversity and inclusion on social media. Here are some of our favorite free resources:
Read the fine print before using photos from the stock library. While many of them are free and available for commercial use, some may have other licenses and require attribution or payment. It’s always best to double check.
openverse
Openverse is an open source creative media search engine. Openverse was previously a Creative Commons search engine, so it is based on CC licenses. You can search for images that are available for editing or commercial use, as well as images that are in the public domain.
Remember, if you limit your search to the public domain, you will get copyright-free images that you can use on social networks.
Image copyright 5.png
Source: openverse
Flickr
Another good image database is Flickr, a photo hosting site for professional and amateur photographers.
Start by entering your search term in the search bar. On the initial results page, click the drop-down menu to select the appropriate license. Your best bet is to select “commercial use allowed”, “commercial use and modifications allowed”, or “no known copyright restrictions”.
Source: flickr
Be sure to check the license for each image, as many of them still require attribution.
Getty Images/iStock
Getty is one of the largest stock photography libraries in the world, offering access to over 415 million assets in its archive, from photographs to vintage illustrations.
Getty Images aren’t free, but they don’t require royalties. This means you pay once based on the use you need, instead of paying a royalty to the photographer every time you show an image.
Getty also has a lower budget sister site: iStock offers over 125 million images at prices aimed at small businesses and entrepreneurs. Many images cost less than $20. If you’re looking for an image to serve as the basis for a campaign, it might be worth paying a small price to get something both legal and unique.
Source: iStock