The use of visual media online is rising. Photos are the stars of social sites like Pinterest and Instagram, and experts recommend adding photos to your website or blog to attract more eyeballs and improve SEO. But if you’re not a photographer, how do you get the photos you need?
Here are some common mistakes made by small business owners:
- Using a photo found via Google Images or other search engines.
- Borrowing a photo from another blog or website.
- Assuming that you have the right to use a photo of you or your business even though it was taken by someone else.
- Borrowing product shots from other websites.
These mistakes have one thing in common: They violate copyright law. And if you use a photo illegally, you could expose yourself to actual and statutory damages of up to $150,000 per image.
Copyright is a legal protection provided to the creator of an original work that gives the creator exclusive rights to that work. The intent is to promote the creation of new works by giving the creator the right to control and profit from the original work.
Copyright protection exists the moment a work is produced in a fixed, tangible form of expression, like when a painting is created, a photograph is taken, or a blog post is written.
Here are five ways you can avoid copyright infringement and protect your business.
Always Ask Permission to Use a Photo
Asking permission to use a photo—even if you’re using product photos from one of your vendor’s websites—is always the best option because permission provides protection for your business.
When you ask for permission to use a photo, be sure to explain how you will use it and provide a link to the URL where you intend to use it. And always make sure that the person you’re asking permission from actually has the right to license the image. Ask if he or she owns or took the photo.
Read the permission that is granted very carefully. It’s likely the image owner will limit your use to the post you mention, meaning that you can only use the photo that one time. So don’t resize the image for use as your Gravatar, Twitter header or Facebook timeline cover. You need additional permissions for those uses.
Don’t be surprised if you are asked to pay a fee when you request permission to use a photo. After all, photos are the product of a photography business. And like you, photographers expect to be paid when a customer takes a product. Otherwise it’s stealing.
Finally, recognize that getting permission cannot be a last-minute effort. You should allow several days lead time when asking permission to use a photo.
Give Proper Credit
When a photographer grants you permission to use a photo, he or she will usually specify how to credit the photo. Stock photography agencies often specify how to attribute their images in their terms of use. If you use a stock photo, read the terms of use carefully.
If no format for photo credit is specified, you can simply write: Photo: Photographer’s name. Create a link from the photographer’s name to his or her website.
Understand Fair Use and How It’s Applied
There are certain circumstances in which you can use a copyrighted photo without permission, but only if such use falls under the fair use clause in copyright law. According to the U.S. Copyright Office, fair use generally applies when the purpose of use is “criticism, comment, news reporting, teaching, scholarship, or research.”
To determine if fair use applies, consider these four factors from Chapter 1, section 107 of copyright law:
- The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
- The nature of the copyrighted work;
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- The effect of the use upon the potential market for or value of the copyrighted work.
Tip: If you are using a photo in a blog post that in any way promotes your business, it is not likely that fair use will apply.
Use Images With Creative Commons Licenses
A cost-free alternative for photography is sourcing an image with a Creative Commons license. Basically, it’s a way for photographers to distribute their images and grant licensing in a protected manner. And this means that you don’t have to contact the image owner for permission to use an image, but you do have to abide by the terms of the license the owner is granting. (As a courtesy, we recommend always letting the photographer know how and where the image is being used.)
Purchase Stock Photos
If you need an image for your blog post and you need it quickly, you can license the use of an image from a low-cost stock photography site like iStockphoto or Bigstock, or shell out more money for a better quality image from ShutterStock or Getty Images. Generally speaking, the quality of a photo increases with the price.
If you need a more specific image (like the Paul Bunyan statue in Kenton), consider sourcing it from a local newspaper or website; many often license images from their extensive photo libraries.
Of course, the best option is to use your own images. Need a class to refine your skills? Attend the Improve Your Small Business Photography in 3 Simple Steps workshop on October 10.
Have a question about this article? You know what to do: sound off in the comment section below.
Excellent article, but it overlooks the fact that many photographers release their work under a Creative Commons license. Depending on the exact license and how you want to use the picture, you may be able to use it without payment or requesting prior permission. Look for a "rights" link on the site hosting the picture, which will link a simple explanation of who can use the the work and how.
Flickr now has an advanced search feature which helps you find photos available under CC licenses. On Wikipedia, many photos are uploaded by photographers who license them under the CC-Attribution license. The only requirement for reuse of content under this license is that you acknowledge the source.