What You Can Take
Imagine that your neighbor leaves his lawn mower in his front yard. Maybe he ran inside to get a drink or maybe he had to go get more gas. In any case, it’s just sitting there.
Would you assume that because he left it in his front yard, it is free for the taking? Would you walk over and take it?
Most people (I hope!) would realize that doing so would be stealing. Yet, many of those same people wouldn’t hesitate to do a similar thing online.
I see (too many!) bloggers suggesting that other bloggers use resources like Google Images to find images to use on their blogs.
But, many of those images are protected by copyright. There is even a notice stating as such, though probably many people don’t bother to read the text–they just grab the image they want.
Here is an easy rule of thumb: If you didn’t make it, you can’t take it.
Just because you find something on the Internet does not mean that it is public domain. Under current copyright law (in the U.S.–check your own laws in other countries) a copyright notice is not even required any more for copyright protection. Registration is also not required, though it is recommended for greater protection, which includes the recovery of legal fees.
So, just because you see something on a web page or in Google Images, doesn’t mean that you can take it and use it for your own purposes.
What Can You Take?
You can use public domain images (and text). But, you have to be careful.
First of all, note that many people don’t realize what public domain is. As I have stated, just because something is on the Internet does not mean that it is public domain.
However, because there are people who mistakenly believe that it is, you will find websites offering free public domain images for you to use. You’ll frequently see notices like, “These images are believed to be in the public domain.” If you don’t know for sure, don’t use it!
A content creator (whether an author, a photographer, an illustrator, etc.) can release a work into the public domain with a statement of such. If you do not see such a statement, assume that the work is protected by copyright. Do not use it unless you obtain permission from the copyright holder!
Some content creators may release their work under a Creative Commons or other license. In many cases, you can probably use that work on your own website. Just be sure to carefully read and follow the terms of the license agreement and make sure that your usage is in compliance with the terms of the license.
What About Expired Copyrights?
In the U.S., works first published in the United States before 1923 are now in the public domain. You are free to use them.
Foreign works published before 1909 are in the public domain, in the U.S. They may still be protected in their countries of origin, so be mindful of this when using such materials on the Internet. It is best to investigate the copyright status of the work in its parent country before using it on the Internet so as not to run afoul of copyrights that may still be in effect.
Also be mindful of the Crown Copyright in Great Britain, where works by the British Crown are protected under a perpetual copyright. This includes such works as the King James Version of the Bible. So, be aware of this, especially if you are planning any commercial website utilizing materials that may still be under such copyright protection.
Works published in the U.S. between 1923 and 1963 whose copyright was not renewed are now in the public domain. However, you will need to carefully research such materials to be sure that the copyright has expired as there is no central database where you can look up a work and check its copyright status. In some cases, it may take a lot of research (and even some legwork!) to determine whether or not something was renewed.
Also, be aware that derivative works of public domain works can be protected by copyright for the new or revised material. So, if someone produces an eBook based on public domain materials, it may be protected by copyright, if they have done substantial work on it to merit new copyright protection. For this reason, it is best to get your hands on the source material (or a trusted source with a copy) rather than to try to utilize someone else’s version.
Government Works
Works created by the Federal Government or federal agencies are generally in the public domain. But, be aware that such works may contain materials provided by contractors that may be protected by copyright.
Be aware that this only applies to works created by the federal government or agencies, and not state or local governments. Works by state or local governments may be protected by copyright.
Trademarks and Rights of Publicity
You should also be aware that trademarks are different from copyrights. For example, seals used by various government divisions and agencies may be protected by trademark or other laws. So, even if you find such a seal on a public domain work, you cannot use the seal, especially (especially!!!) in instances where it may appear that said agency is endorsing your website. That can get you in very big trouble!
Also, be aware of an individual’s right of publicity. Just because a person (actor, actress, historical figure, etc.) may appear in a public domain work does not mean that you can use them to “endorse” your product. People have a “Right of Publicity” that can be passed on to their heirs. This is a state and local right, and not a federal one, so the actual terms may vary from place to place. Generally speaking, you are safe to use people who have been dead for more than 100 years. This is why you’ll see Abraham Lincoln, but not Elvis, selling used cars.
More Info
A good source of information is Stephen Fishman’s book, The Public Domain: How to Find Copyright-Free Writings, Music, Art & More. It also includes worksheets you can use to help you keep track of your public domain materials.
great post never realized google images are copyrighted
Yep. It’s also a good way to find people that have stolen your images.
Like one I found tonight, who is actually hot-linking the image. Dirty bandwidth thief. He’ll be getting a surprise when I swap out that image with–ahem–something else…
I’d love to see the before and after shots when you’re done!
I’ve thought a lot about that when I visit other websites. I only use images that I have either created or have bought the rights to. I come across a lot of sites that simply post a picture then talk about it. Unfortunately for the people who create the images, most of the time they either don’t know or have no possible way to stop the user.
You see a lot of Flikr photos on sites. I haven’t read their TOS, but it looks like you can set different permissions for sharing your photos, so there may be something that covers bloggers hotlinking to them and stuff like that. It could be that by uploading your images, and setting the assorted permissions, you may be granting some sort of usage license to other people. I don’t know for sure. Like I said, I haven’t read their TOS and I am not a Flikr member.
Aside from that, there is a lot of copyright violating going on. But, sometimes there are exceptions. Some places are very restrictive about how you can use their photos, and others allow general usage so long as you’re not making money off of them. It all depends on the copyright holder, who determines how people can use the copyrighted work. For example, a few years ago, Paramount really went after sites using Star Trek materials. On the other hand, JMS allowed Babylon 5 fans to share images because he recognized it helped promote the series. Mind you, I don’t remember his exact terms of usage, so no one should run out and start pasting Babylon 5 stuff all over their websites without checking into that first!
Bottom line is, whenever you want to use someone else’s stuff, get their permission. If they have a statement or licensing agreement on their website, then naturally you don’t have to contact them directly for their permission so long as your usage falls under the scope of the agreement. For any special usages or if you don’t see a license agreement or other statement of permission, contact them. And, a statement of “If I don’t hear back from you, I’ll assume it’s okay” is not going to fly. For one, you cannot be sure they received your message. And, for the second thing, you’re the one that needs some kind of explicit permission to use the work. The lack of a refusal of permission is not the same as an actual statement of permission!
When I first started doing websites, I used images from clip art companies and the like. But, a few years ago, some of them got in trouble for not having the proper permissions (or something) to some of the works they offered. I don’t remember the details, but there were accusations along those lines. Some of the copyright holders even went after the end-users! I think there were situations where they would send the webmasters a bill and a threatening letter in the hopes of getting them to pay. I don’t think I ever had any of those images, but I went through and removed everything I could find that had been obtained through the clip art sites. And, these were big name clip art sites, not the small “We believe all images are in the public domain” sites that I mentioned in my post. These were the ones you would naturally assume to be reputable and on the level. I don’t remember the final outcome, but I avoid any clip art sites these days.
Now, I only use content I’ve created myself, content I’ve hired people to create for me or content that is in the public domain. For public domain works, I use the worksheet mentioned in the book I posted about, then I make copies of the public domain work and stick it all together in a file. You want to have a paper trail in case any issue ever arises where someone may question your usage of the content. By having a paper trail, I believe (but I’m not a lawyer) that it will show that you made a good faith effort to determine its copyright status. In my case, I’ve used only works prior to 1923, so it should be a pretty simple matter of showing the original material (or copy) and the copyright date as printed. Still, I completely fill out the worksheet.
I use photos I find on google images, but I try to include a link back to the site it is originally posted on. That way they will see the linkback and i guess get the credit. Is this not sufficient?
Actually, probably not. Now, if the site says you can use their images in exchange for a credit and linkback, then it’s okay. But, without some kind of explicit permission, no, that’s not sufficient.
Good article. Another thing to consider is the ever-elusive concept of “fair use.” There’s no real firm definition of just what constitutes fair use, and most people assume that they can use, oh, say, anywhere from 5 to 15 lines of a copyrighted work without credit or citation and be within the boundaries of fair use. This may be true—but it really depends on the copyright holder’s definition of fair use. So, as you say, always best to get permission.
[...] stealing. I learned a lot about using items from Google images. You should read his article titled What You Can Take particularly if you are using other peoples images or content. I bought him a soda, with the [...]