Pixsy has handled more than 250,000 copyright cases for photographers and artists. The explanation we hear most often from businesses is some version of “we found it on Google.” It's an easy mistake to make, and it's still copyright infringement.
“Most businesses we contact didn't set out to take anything. They searched, found a good photo and assumed it was free. But a photographer made that image and earns a living licensing it. A license costs a fraction of a legal claim, so check before you publish.” Barbara Konecny, Head of Case Management, Pixsy
Why “I found it on Google” isn't permission
Google is a search engine. It finds images on websites and shows you a preview, the same way it shows you a snippet of a web page. Google's own help page warns that images might be subject to copyright and tells you to check the license before you reuse anything.
Copyright is automatic. A photo is protected without a © symbol, a watermark or a registration. These are the reasons we hear most often, and why none of them make a use legal:
- There was no watermark or copyright notice. Copyright exists without either.
- I credited the photographer or linked to the source. Credit is good manners, but it isn't a license.
- Lots of other websites use it. Their use doesn't license yours. Many of them don't have a license either.
- We're a small business and we don't sell anything on the page. A business website or social media account promotes the business. That's commercial use.
- I cropped it or edited it. It's still the photographer's work. Editing it doesn't make it yours.
- I didn't know it was copyrighted. Copyright infringement is strict liability: you're responsible for the use whether or not you knew the photo was protected.
- Our web designer or agency added it. The business that publishes the image is responsible for licensing it.
Fair use rarely covers a business website
Fair use in the US, and fair dealing in the UK, Canada and Australia, cover narrow purposes such as criticism, commentary, news reporting and teaching. A court decides it case by case, weighing four factors including whether the use is commercial and whether it takes away from the photographer's market.
Decorating a page or advertising a product rarely passes that test. If you plan to rely on fair use, ask a copyright lawyer before you publish. More detail: fair use and fair dealing explained.
What can happen if you use a photo without a license
Photographers now use monitoring tools that scan the web for their images around the clock. Pixsy alone monitors more than 150 million images. If your site uses one of them, expect it to be found.
What usually follows:
- An Unauthorized Use letter or claim. The photographer or their agent asks you to pay a retroactive license fee for the time you used the image. Here's how Pixsy's letters work.
- Legal action if it isn't settled. Unsettled claims go to copyright lawyers. In the US, a court can award statutory damages of $750 to $30,000 per registered photo, and up to $150,000 if the infringement was willful, plus legal costs.
- A takedown notice. The photographer can have the image removed by sending a notice to you and your web host.
Taking the photo down after you're contacted stops further use. It doesn't cover the time it was already on your site.
How to find photos you can legally use
- Use Google's usage rights filter, then check the license. On images.google.com, search, then open Tools (Filter on mobile), select Usage rights and choose Creative Commons licenses or Commercial and other licenses. Click an image, then License details. Google builds this filter from what websites tell it, so confirm the license on the source site before you use the photo.
- Read the Creative Commons terms. Many Creative Commons licenses ban commercial use (NC) and nearly all require credit in a set format. Break the terms and you no longer have a license. See how to use Creative Commons images.
- Buy a license from a stock site. Check it covers your use: website, ads, social media, print, and how long.
- License it from the photographer. Many professional photographers don't sell through stock sites and license their work directly. Find them, ask, and get the terms in writing.
- Read the license on free photo sites too. Free sites still have rules, for example on using people in photos or implying endorsement.
- Take your own photos or hire a photographer. Agree in the contract who owns the copyright and how you can use the images.
How to check who owns a photo
- Run a reverse image search. Google Lens, TinEye or Bing will show where else the image appears, which often leads to the photographer or the original source. See the best reverse image search tools.
- Check the file's metadata. Many photographers add their name and copyright details to the file itself.
- Look for a credit or license on the original page. A photographer's portfolio, an agency or a stock site will usually say how to license it.
- If you can't find the owner, don't use the photo. “I couldn't find who owned it” isn't a defense. More tips: how to find a photo's copyright owner.
If you've already used a photo from Google
Most cases like this settle within a few weeks with a single license payment.
- Check where your images came from. Ask your web designer, agency or staff for license records.
- Replace anything you can't license. Swap it for a photo you own or have a license for.
- Don't ignore a letter. If a photographer or their agent contacts you, check the evidence and settle the past use with a retroactive license. Replying early is almost always the fastest and cheapest way to close it. If your letter is from Pixsy, here's what to do.
- Ask your insurer. Some business liability policies cover copyright claims.
For the full steps, see what to do after using an image without permission and how to stop staff using images without a license.
If you're the photographer
If a business is using your photo without a license, you can get it taken down or get paid for the use. See what to do when someone steals your photo, or sign up free to find where your photos are used online.
Common questions
Are Google Images free to use? No. Google Images shows photos hosted on other websites, and most of them are protected by copyright. Google doesn't grant any rights to them. You need permission from the owner or a license that covers your use.
Can I use a Google image if I credit the photographer? No. Credit doesn't replace a license. Unless the license itself says credit is all you need, as some Creative Commons licenses do, you still need the owner's permission.
Is a photo with no watermark or © symbol free to use? No. Copyright protects a photo from the moment it's taken. A watermark or notice isn't required.
Can I post Google images on my business's social media? The same rules apply. Posting to a business page, profile or group publishes the image, and that use needs a license like any other.
Are images in Google's “Creative Commons licenses” filter safe for business use? Only if the license allows commercial use and you follow its terms, such as credit. Open License details and check the terms on the source site before you use the image.
Our web designer added the photo. Are we still responsible? Yes. The business that publishes the image is responsible for licensing it. Ask your designer for the license, and if there isn't one, settle the claim and take it up with them.
I removed the photo. Is that the end of it? No. Removing it stops further use, but the time it was already on your site still needs a license.
I got a letter about a photo on my website. What should I do? Don't ignore it. Check the evidence in the letter and settle the past use with a retroactive license, or send proof of your license if you have one. If the letter is from Pixsy, see what your letter means and how to resolve it.
