Adding a picture or image to your article, presentation or marketing materials can add a human aspect and a visual value association to the message you want to convey. Choosing your image is tricky, and clearing the rights to use that image can be daunting. This is particularly true when you are using the image for commercial purposes i.e. in the course of your work.
Clients often ask us:
"But we found the image on Google - doesn't that mean we can just use it?"
The answer is no. Just because you find an image on Google or elsewhere on the Internet does not mean you are automatically able to use it. This is because the image may be protected by copyright under the Copyright Act 1968 (or other similar legislation around the world). The owner of the copyright in the "works" (as that term is defined in the Act) has the exclusive right to do each of the following:
(a) reproduce the image;
(b) make the image public for the first time;
(c) communicate the image to the public (including online); and
(d) make an adaptation of the image.
You may infringe the owner's copyright when you do (or authorise someone else to do) any one of the acts exclusively controlled by the copyright owner without their permission (and where no defence or exception to infringement applies).
Defences and exceptions include where use of the image is a fair dealing for the purposes of criticism or review, research or study, reporting news, or parody or satire. A reasonable portion only must be used and the use of that portion (and the dealing) must be "fair". Ask us if you would like to know more about these defences and how they operate.
Google have released a new tool that allows you to search specifically for images that are cleared for commercial use. Go to Google Images and use the drop down menu corresponding to "Usage Rights" to select "labelled for commercial re-use". Then enter your search term.
Many images will still be subject to conditions of use (for example, under the Creative Commons Licence, you may be able to copy the image on condition that you attribute the author the image).
You should always be diligent with ensuring you have cleared the rights to use your nominated image, and the new Google tool is a good start.
Swaab was recently named a 2009 Winner in the ALB Employer of Choice awards, and was winner 'Best Law Firm in Australia (Revenue < $20m)' and 'Attribute Award for Exceptional Service (Australia Wide)' in the 2008 BRW- Client Choice Awards.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.