avatarSusie Kearley

Summary

The author, Susie Kearley, recounts a personal experience of facing a £1000 fine for using an unlicensed image from Getty Images and warns about the risks of copyright infringement when using images from the internet without proper permission or licensing.

Abstract

Susie Kearley, a marketing manager and writer, shares her encounter with a costly legal demand from Getty Images due to the unauthorized use of a photograph on a university-related website. The incident, which occurred in 2009, involved a staff member who had used the image without considering copyright or licensing. Kearley emphasizes the importance of understanding that crediting the source is not enough to legally use an image found online. She points out that photo libraries like Getty Images actively pursue copyright infringement cases, and even bloggers are at risk of facing substantial fines if they use images without express permission or a proper license. Kearley advises using one's own photos, images from creative commons sites like Unsplash, or third-party pictures with explicit consent to avoid legal trouble.

Opinions

  • The author believes that it is not legal to take images from the internet and use them, even if the source is credited.
  • Kearley suggests that the risk of substantial fines for copyright infringement is significant, as companies like Getty Images and Alamy are vigilant and have legal teams dedicated to enforcing copyright claims.
  • She advocates for the use of personal photographs, creative commons images, or third-party pictures with express permission as safe alternatives to avoid copyright infringement.
  • The author implies that ignorance or oversight, such as in the case of the university website, is not a valid defense against copyright infringement penalties.
  • Kearley warn

I Got a £1000 Demand For Using An Image Off The Internet

Are you willing to risk a fine, just because you like an image?

Photo by Tingey Injury Law Firm on Unsplash

Back in 2009, I was working as a marketing manager for a University, when I received a letter from Getty Images demanding payment for unauthorised use of one of their photographs. Getty is a big supplier of images across the media. They supply the BBC, magazines, newspapers, and more.

They directed me to a website where this breach had occurred. It certainly appeared to be a website related to the university, but it was not one I’d seen before. When I queried it with my boss, he said he thought the site had been shut down years ago!

Anyway, I was new to the job, and it transpired that a previous member of staff had taken the photograph off the internet, with no concern for licencing, breach of copyright, or whether they had permission to use it. No-one questioned it, so the image stayed up there for years.

That legal demand cost our department around £1000.

Photo by Pepi Stojanovski on Unsplash

Don’t do it!

You can’t just take an image off the internet, credit the source, and hope it’ll be OK. It’s a breach of copyright and it can land you in trouble.

Photo libraries like Getty Images are very active, pursuing legal claims for copyright infringement. Alamy, another photo library supplying magazines, newspapers, broadcasters, and commercial buyers, has just recruited a legal enforcement team for this very purpose.

As a blogger, looking for images, you have to be very careful. You cannot just take an image off a search engine or website and use it legally, regardless of whether or not you credit the source.

Exceptions might be where there’s a download option on the website, with express permission to use the images for editorial purposes.

If you don’t have express permission to use a photograph from the person who owns the copyright, or an agency representing them, then use your own photos. Or use creative commons sites, like Unsplash linked to Medium. I only use third party pics when I have express permission — for example, when I’m supplied photos by a PR company, who is asking me to help them promote something.

Obviously it’s every writer’s choice, but if you don’t have permission, or a licence to use the photographer’s photograph, then going ahead anyway comes with a risk of substantial fines.

You have been warned!

If you think this only relates to companies and bloggers are exempt, you might also want to read this blog by The Garrulous Glaswegian: How A Simple Blogger Was Sued Over Her Images

© Susie Kearley

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