Image copyright for a business website: when you need permission to use a photo and what happens if you do not

TL;DR: Photographs, illustrations and other images are generally protected by copyright, so a business usually needs permission to copy them or put them on a website. The Intellectual Property Office says the vast majority of images on the internet are likely to be protected, that a missing copyright symbol does not mean an image is free to use and that commercial use generally needs a licence, usually at a higher fee than non-commercial use. A photographer you commission usually keeps the copyright, so agree the licence in writing. Infringement can lead to a licence fee, a court claim, legal costs and removal of the image.

Key takeaways

• Image copyright is automatic. The Intellectual Property Office (IPO) says photographs, illustrations and other images are generally protected by copyright as artistic works, so you will usually need the copyright owner’s permission to copy an image or share it on the internet.
• The vast majority of images on the internet are likely to be protected. The IPO says it is only safe to use one if you have permission through a licence, the supplying website’s terms allow it and it is the owner’s website, the copyright has expired or a permitted exception applies.
• For a commercial website you will generally need permission. Commercial licences usually cost more than non-commercial ones, and some Creative Commons licences are for non-commercial use only.
• The absence of a copyright symbol, a year or a name does not mean an image is free to use. Deliberately removing metadata that identifies the owner is unlawful.
• If you commission a freelance photographer, the copyright usually stays with them. Agree the licence in writing, or have the copyright assigned to you in a signed contract.
• Infringement can lead to a licence fee, a court claim with legal costs, a demand to remove the image and, if deliberate on a commercial scale, a criminal prosecution.

A café owner builds a website over a weekend, and image copyright is the last thing on her mind. She finds a lovely photo of a latte on an image search, saves it and puts it on the homepage. Six months later she receives a letter from a company she has never heard of. It says the photo is theirs, the use is unlicensed, and she owes a fee that is several times what a licence would have cost. She had assumed that if it was on the internet it was free to use.

That assumption about image copyright is one of the commonest and most expensive mistakes on small business websites. This guide explains what the Intellectual Property Office says about image copyright, who owns an image, when you need permission, how licences and Creative Commons work, what to do about photos from a photographer, what to do if you cannot find the owner and what can happen if you get it wrong. It is general information, not legal advice, and the IPO says only a court can decide whether a particular use is an infringement.

Is image copyright a problem for photos found on the internet?

No. The IPO says the vast majority of images on the internet are likely to be protected by copyright. It is only safe to use one if you have permission through a licence, the website supplying it allows the use and has the owner’s permission, the copyright has expired or your use is covered by a legal exception.

The IPO’s copyright notice on digital images, photographs and the internet is aimed at small businesses and individuals who want to use images on the web. It explains that photographs, illustrations and other images will generally be protected by copyright as artistic works, and that this includes photos taken on mobile phones and digital cameras, images first created on film, and diagrams and illustrations.

That means a user will usually need the permission of the copyright owner if they want to copy the image or share it on the internet. Finding an image through a search engine does not give permission. The search engine shows you what exists, not what you may use.

The notice adds that the use of licensed images is usually much safer than the use of unlicensed images, which offer no protection against infringement. If you are unsure, assume you need a licence.

Who owns image copyright?

The IPO says the person who creates an image is generally the first owner of the copyright, but there are exceptions. If an image was created by an employee as part of their job, the employer generally owns it. For photos, the owner may also be the person who arranged the equipment and made the artistic decisions, even if someone else pressed the button.

The creator can license the work, license it through someone else or assign, which means transfer, the copyright to another person. Picture libraries often control images and set the terms under which they can be used, and those terms may be contractual and not only a matter of copyright law. The IPO adds that creators also have moral rights, including a right to be acknowledged, if they have asserted it, and a right to object to treatment of their work that harms their reputation.

An image can have more than one owner, and an image may contain other copyright works. If you want to use image A, which includes image B, you need permission from the owners of both, unless the inclusion of B is purely incidental.

For a business, the practical point about image copyright is that ownership is not always obvious. A photo of your own premises taken by a friend belongs to the friend, not to you. A logo designed by a freelancer may belong to the freelancer unless the contract says otherwise. Check who made each image on your site and what you agreed.

When does image copyright need permission?

The IPO says for a commercial website you will generally need to seek permission. There are licences for commercial purposes such as advertising your business on a website, and usually you pay a higher fee than for non-commercial use. Permission is not needed if copyright has expired or the use is a permitted act.

Permission is also not needed where the law allows the use, for example for private study or non-commercial research, although the IPO says some exceptions are not available for photographs. A business website is not private study. Do not assume that a small site or a personal blog is covered by a non-commercial exception if it promotes a business.

The IPO gives these answers to common image copyright situations:

• Images found on the web. You may use them if you know the copyright has expired, you have permission for exactly what you want to do, for example through a licence from a picture library or a Creative Commons licence, or the use is a permitted act.
• Images from a friend or family member. Treat them like any other images, and usually ask permission.
• Your own images. You are generally free to use them, except where you took them as an employee, photographed a protected work, agreed to give the copyright to someone else, were commissioned for private and domestic purposes or granted an exclusive licence.
• Linking. Sharing a simple link to a page where the owner has posted an image is usually not restricted by copyright. Copying the image and hosting it on your own site, however, will usually amount to infringement.

On photographing other works, the IPO says you do not need permission to photograph buildings and sculptures on public display in public spaces, but take care with two-dimensional works such as posters and murals, and if you photograph a copyright work and it forms an essential part of the image, using the photo on the web is likely to infringe.

How does image copyright work with licences, stock photos and Creative Commons?

A licence is permission to use an image, often for payment and on conditions such as the length of time and the kind of use. A stock library sells licences, and the library’s terms say what you can do. Creative Commons licences vary, and the IPO warns that some are for non-commercial use only, so check the terms.

The IPO describes licensing as giving another person or organisation permission to use a work such as an image, often in return for payment and on certain conditions for a specific period of time. Picture libraries normally restrict how the images are used as part of their terms.

Before you download a stock image, check four image copyright points. What kind of use does the licence allow, for example web, print, advertising or resale? Is it for commercial use? How long does it last, and can it be used on social media? Do you need to credit the creator? Keep a record of the image copyright licence for each image: the source, the date, the licence type and the terms. If the owner contacts you later, the record is your evidence.

For Creative Commons images, image copyright depends on the specific licence, so read it, because the labels differ. Look for whether commercial use is allowed, whether changes are allowed and whether credit is required. If you cannot tell, do not use the image or ask the creator.

Free image sites often have their own terms, which may allow commercial use without credit, but they depend on the site owner having the right to license the image. The IPO says it is safe to use an image if the terms of the website supplying it permit your use and it is the copyright owner’s website or one that has the owner’s permission. Read the terms and keep a copy.

Who holds image copyright in photos taken for you?

If you commission a freelance photographer, illustrator or designer, the first legal owner of the copyright will usually be the creator, unless you agreed otherwise. You may only get a limited licence for the purpose it was commissioned for. For more, agree it in writing, or have the copyright assigned to you in a signed contract.

The IPO says where you commission a professional to take photographs, the copyright will usually remain with the photographer, so you need the photographer’s permission before printing further copies, sharing them or posting them to social media. Many photographers set out licence terms in their contracts. If you have specific uses in mind, discuss them before the contract is settled.

You could agree that the copyright will be assigned to you, in a written and signed contract saying you bought it. The IPO notes that a less expensive solution can be to pay for a licence. If an image is commissioned for one use and you want to use it for another, you will need an additional licence.

Where the contract does not mention copyright, the IPO says courts may find an implied licence to use the image for the purpose it was commissioned, but that does not normally transfer ownership. For a restaurant that has had menu photos taken, or a trade business that has had work photographed, check the terms now. Do not assume that paying the invoice gave you the right to use the photos anywhere.

For private commissions, such as wedding photographs, the person who commissioned them has a right that the photographs will not be issued to the public without permission, so a photographer should not post them on their website without consent. That is a reminder that photographs of customers or clients also raise privacy questions. Take care with images of people, and get consent where you can.

What if you cannot find the image copyright owner?

Copyright does not disappear because the owner cannot be found. The IPO calls these orphan works, and says you may be able to apply for an orphan works licence from the IPO after a diligent search. Otherwise, find an alternative image that you can license.

The orphan works scheme allows commercial and non-commercial use of any type of orphan work, but you must do a diligent search for the right holder first. If you cannot trace them, you can apply for a licence using the IPO’s online form.

For most small businesses, the simpler answer to an image copyright puzzle is not to use an image whose owner you cannot identify. A stock licence costs little compared with the time and risk of using an unknown image.

The IPO also says that the lack of a copyright symbol, a year or a name does not mean the image is not protected. Metadata embedded in the image can identify the owner, and sometimes uploading and downloading removes it by accident, but deliberate removal of metadata identifying the copyright owner is unlawful.

What are the consequences of ignoring image copyright?

The IPO says the owner may ask you to buy a licence, or may bring a court claim. Court cases can be expensive, with the user paying the cost of the licence plus their own and the owner’s legal costs and possibly other compensation. You may also be asked to remove all copies from your websites. Deliberate infringement on a commercial scale may lead to criminal prosecution.

The IPO’s guide to how copyright protects your work gives the wider picture. The notice says that even where people think infringement will not be detected, they run the risk of being discovered and pursued through the courts. The IPO also offers a mediation service to help resolve intellectual property disputes, including copyright, without going to court, and says that if you receive a claim it is a good idea to take legal advice early.

If you get a letter about image copyright on your site, do not ignore it. Check whether you have a licence, remove or replace the image if you do not, keep the correspondence and take advice before you pay or reply. Many letters are genuine, but the amount asked for and the evidence behind it should be checked.

How do you manage image copyright on your site?

Keep an image copyright register: for each image on the website, record where it came from, who owns it, the licence, the date and the terms. Prefer your own photos, commissioned work with a written licence or licensed stock, and review the register when the site is redesigned.

A practical image copyright routine for a small business:

1. Take your own photos of your premises, products and team, with permission from anyone shown.
2. Commission with a contract that says who owns the copyright, what you can use the images for and for how long.
3. Buy a licence for stock photos, and read the terms for commercial and social media use.
4. Keep a register with a link or file for each licence.
5. Credit where required, and where you are unsure whether the creator asserted the right to be acknowledged, the IPO recommends giving an acknowledgement.
6. Audit the site every year or when you redesign it, and replace anything you cannot show a right to use.

If an agency or freelancer built your site, ask where the images came from and who holds image copyright, and get the licences in writing. A website designer may use stock images under their own licence, which may not cover your use or may end when the relationship does. Our guide to how to choose a web designer includes questions about ownership, and the guide to website maintenance covers the checks a site needs each month.

Alt text and file names should describe the image for accessibility and search, and should not hide the source. Keep copies of licence terms outside the website, because the library page may change.

What if someone breaks your image copyright?

The IPO says if somebody is using your images without permission, it is usually sensible to try to resolve it with them first, and mediation is one way. You may also have moral rights. If you cannot resolve it, you may need legal advice. Keep evidence, and avoid public accusations before you have the facts.

If a competitor has copied your photos, take dated screenshots, save the page and keep your original files with their metadata. Check that you are the owner, for example that an employee or freelancer did not create the images under terms that give the copyright to someone else. A polite message asking them to remove the images often works.

For your own photos, add a copyright notice and keep the metadata. It is not required for copyright to exist, but it helps people to find you and shows that you care about your work.

What are the common mistakes?

The common image copyright mistakes are using images from a search engine, assuming no symbol means free to use, trusting a free image site without reading its terms, assuming that paying a photographer transferred the copyright, using a stock image outside its licence and keeping no record.

• Search engine images. Image copyright still applies.
• No symbol means free. The IPO says it does not.
• Free site, no terms read. The site may not own the rights.
• Paid photographer, no contract. You may only have a limited licence.
• Stock image outside the licence. Wrong use, wrong media or past its term.
• No register. You cannot show your image copyright position.

Frequently asked questions

Does image copyright stop me using a photo I found on Google?

Generally not without permission. The IPO says the vast majority of images on the internet are protected, and for a commercial website you will generally need permission.

Is image copyright lost if there is no copyright symbol?

No. The IPO says the symbol does not have to be present for copyright to exist, and deliberately removing metadata that identifies the owner is unlawful.

Who holds image copyright in photos from a photographer I hired?

Usually the photographer, unless you agreed otherwise. You may have a licence for the purpose it was commissioned. Get the terms in writing or an assignment of copyright.

Are Creative Commons images free for business use?

Not always. The IPO warns that some Creative Commons licences are for non-commercial use only, so check the licence terms.

What if I cannot find the copyright owner?

Copyright still exists. The IPO says you may be able to apply for an orphan works licence after a diligent search, or you can find another image that you can license.

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