Using "Free" Images: A Guide for Creatives & Business Owners

In today's digital age, having a strong online presence is essential. With face-to-face interactions becoming less frequent, visuals play a crucial role in conveying your message and engaging your audience. High-quality images can significantly boost engagement, leading to more views, comments, and likes, which in turn, increases overall brand awareness and recognition. However, sourcing or creating images that align with your message can be challenging. While using images found online can save time and money, it's important to be cautious about where you source your content. One wrong repost or copy can lead to legal issues and sometimes, costly demands.

Read on to explore how to avoid receiving a cease-and-desist letter for improperly using someone else's work, and a few alternatives to “free image sites”.

First, What Even are Free Image Sites?

"Free image sites" are platforms that provide access to a multitude of images at no cost, often without paying royalties or license fees. These images are typically offered under various types of licenses for personal, educational, and commercial use. That, combined with the high quality of such images, makes using these sites very appealing to anyone (especially creative entrepreneurs like designers, marketers, influencers needing visual content). 

Sites like Unsplash and Pexels offer images free of charge and do not require attribution. Photographers submit their photos and relinquish their copyright rights, allowing anyone to use their images at no cost. Attribution is entirely voluntary.

Although this may seem like a perfect solution for those on a tight budget, these sites have their own intellectual property pitfalls. The companies offering these images make no warranties about the submissions, and if images include identifiable people or other protected elements, there’s no guarantee that proper releases has been obtained. In addition, usage rights and licenses granted through these sites vary widely, and misusing an image can lead to legal consequences and demands for payment due to copyright infringement.

You can use images from these sites, but it’s crucial to be selective. Opt for more generic images, and thoroughly review the related terms for each image and/or the site’s terms of use to make sure you are using the images appropriately.

Learn from Steph’s Experience…

Recently, a client (we’ll call her Steph and her business “In the Mirror Marketing”) received a cease-and-desist letter claiming copyright infringement and demanding $10,000 in damages. Understandably, Steph was shaken.

The issue arose from a blog post that included a photograph; not directly related to the content of the post, but for aesthetic purposes. Steph wasn’t even aware that she didn’t have the right to use the photo. See, she had hired a social media manager, whose primary responsibility was posting blogs and managing In the Mirror’s social accounts. By hiring such services, Steph thought she didn’t need to worry about things like image selection and ensuring proper use.

With the rise of Artificial Intelligence (AI), copyright owners can more easily track use of their work. These tools also offer an advantage for well-known copyright trolls who use AI search tools and digital watermarking to quickly find improper uses of images and detect infringements from many years back. They will often attempt to sue for copyright infringement unless a significant payment is made. Since Courts have awarded significant damages in cases where attribution was omitted or incorrectly done, it is advised not to ignore such claims (even as ridiculous as they may seem or feel).

In Steph’s case, while she did, in the end, have to come out of pocket to avoid a potential litigation and larger fines, thankfully we were able to drastically reduce the settlement amount and avoid litigation. Her hard lesson was learned: first, she made sure that, with her next marketing team, she implemented a Service Agreement that included proper provisions to reduce Steph’s liability for the acts of the marketers (like what happened in this situation); and second, ensuring that the images used on her new site were done under a proper license.

Creative Commons License

Creative Commons (CC), definitely a step above free image sites, is an international nonprofit organization that allows creatives to share their work (ranging from text and images to music and videos) under a CC license, which is still based on copyright law. Websites like Google and Flickr also offer images under CC licenses. Under a CC License, users can use and even alter images for free, provided they comply with the attribution requirements specified in the license. These licenses are intended to make it easier for people to legally use and distribute creative works. Creative Commons licenses offer a flexible range of permissions, allowing creators to specify how their works can be used by others.

While these sites are incredibly useful, users must ensure proper attribution, review the scope of use granted under the license, and verify that the image source is the legitimate copyright holder. Failing to do so can lead to copyright infringement issues. 

Public Domain Images

Another great alternative are public domain images (PDIs), which are free from copyright restrictions and can be used by anyone for any purpose without permission or royalties. Most commonly, PDIs enter the “public domain” when either a copyright expires or the creator voluntarily releases the image. In addition to the absence of usage restrictions, the public domain (which can be accessed through organizations like Wikimedia Commons, the Library of Congress, and the Smithsonian Institution) includes a range of historical, cultural, and artistic content.

As always, make sure you verify an image’s public domain status, and as supporters of the arts, we also recommend you give proper attribution (ie credit to the creator).

Licensed Images and Videos

We get it - creating your own graphics or hiring a professional photographer or graphic designer isn’t always in the budget. Thankfully the choice isn’t binary and there’s an alternative. Paid stock image sites (like Shutterstock, Getty Images, Adobe Stock, and iStock) are platforms that offer a vast collection of high-quality, professionally curated images, available for licensing. These sites provide comprehensive and clear licensing terms, making it easier for users to find and use images, even for commercial purposes. For a fee, you gain access to exclusive content and extensive image libraries.

While these platforms are generally reputable and using their content should not present an issue, you should always make sure to pay attention to the terms of use to avoid any copyright problems.

Takeaway

Navigating the complexities of image licensing and copyright can be daunting, but understanding the risks and knowing your options can save you from potential legal troubles and fines. If you have any doubts or need guidance on how to properly secure and use visual content, don’t hesitate to reach out to our firm. Our experienced team can help you navigate copyright issues, review licenses, and if you’re a creative professional - protect your creative assets.

Click here to schedule a consult with us to ensure your visual content strategy is legally sound and to avoid costly mistakes.