I recently sat in a meeting and enjoyed a number of interesting presentations. And then I was caught off guard….because a couple of my own photos were taking up the bulk of the imagery space on a number of them.
Flattering?
Of course.
Problem?
Definitely.
Why?
There was no attribution.
Using photos without attribution is the same as declaring ownership, and if you didn’t take the photo yourself, then it is not yours to use as you see fit.
It’s known as plagiarism. Plagiarism is not just about lifting words…it’s about lifting and using material (words, images, music) that you did not generate and failing to attribute the material to the individual who created it.
I “did” permit the use of both images for a single presentation in the past, to one person, for a specific use. But that does not permit their use in perpetuity in other presentations, by other individuals, for other purposes, and other audiences.
Why is it an issue?
Well, those images get used in a presentation….and then that presentation gets filed, and then someone pulls it up and thinks “Hey, great slide/image, I’ll use it here, for this other purpose“, and then it gets shared internally with other teams/groups/departments….or externally, and suddenly said image is being used somewhere for a commercial purpose, or in some presentations for something that the creator disagrees with…or something else.
Teaching institutions realized this as a problem some years ago and all instructors are now expected o either use their own imagery/figures or request permission from copyright owners. It’s not generally a big deal, just a quick email and response. File that as evidence of permissions should anyone ever ask. If educational institutions are managing to respect individual copyright, shouldn’t we expect the same out of other, publicly or privately funded, institutions?
Almost all of my online photos are housed within Flickr and/or my blog, and everything within those spaces is under my personal copyright with all rights retained. The stuff under Instagram is a little greyer, and I am a bit less fussy about those images. I recognize that images housed there are probably available for use by the social media monsters through obscure terms and conditions that we all unwittingly agree to. But the ones on Flickr are clearly noted at copyrighted and Flickr does generally seem to respect those expectations and has mechanisms to discourage use, such as providing tools to allow content creators to disallow downloads, limit size availability, etc.
Sure, if someone wants the image they can always screen capture it, and there isn’t much one can do about thwarting someone determined to steal an image.
While there are LOTS of stock photos available online for use, just because it comes up in an online keyword search, or just because it’s simply online, does NOT mean that it is available for whatever use one feels.
Sometimes all the image needs is a simple “Photo by Jane Doe”.
That’s all I ever ask for, and when it’s not there…well…it feels a bit like theft. Because it is. I know it’s innocent and occurred out of simple ignorance and oversight….but it is still plagiarism when the attribution is missing.
So…..
What’s the right way to get and use images online?
(reprinted from: https://www.eyeem.com/blog/photo-copyright-101-is-it-legal-to-use-photos-from-the-internet)
The Internet has created this funny, or not so funny, illusion that any image you see is up for grabs to throw a caption over or repurpose for your own project. Such is not the case. Copyright is alive and well, and just as its purpose intended, it has served to protect photographers time and again – whether its a macaque taking a selfie or a photographer like Daniel Morelwhose work was downloaded and shared from Twitter.
If you’re an editor, designer or a creative looking for images online, get to know these basic rules when it comes to copyright. Not only will it protect you in your own creative endeavors, but it will protect the photographer, too.
What is copyright?
Copyright is the legal right over intellectual property. This can encompass writing, music, film, design, photography and more. Copyright comes into effect upon the creation of the work, and the owner is the creator of the work who has power to grant legal right of the work to others.
How do you legally use a photo?
Paid Licensing
The owner of an image (the photographer) can grant you the right to use their image legally by licensing the image to you via a photography licensing platform, like EyeEm Market. This is the simplest way to access original images at fair prices for both you and the photographer. With two kinds of licensing, editorial and commercial, the image is priced depending on how you will be using it.
Fair Use
Fair Use comes allows you to use an image based on three conditions. First is if it used for limited non-profit and educational use. Second is if it is changed so drastically that it no longer has the same meaning or purpose, and third is if it is used informatively for the public good.
Creative Commons
Creative Commons is a kind of licensing. In this case, a photographer releases the rights to their image under certain conditions. These conditions vary and can be as simple as making sure the image appears with a credit to the owner. If a photographer gives you permission by email to use the image for free under their conditions, this would fall under Creative Commons.
Public Domain
Public Domain is also a case in which the owners rights have expired, been forfeited or do not apply. Examples include the works of Shakespeare and Beethoven.
What to Avoid
• Using a photo found online without addressing the above
• Ignoring the conditions of a paid or Creative Commons license
• Printing and keeping an image found online
• Neglecting to educate yourself on copyright law, including local laws
More resources
Note that the above is a general guideline to copyright, but law can vary case by case and from country to country. Learn more below and by researching on where you are.
