Summary

A US university's student media group faced a $5000 legal demand for improperly using a Creative Commons image on their blog, highlighting the importance of adhering to the specific terms of CC licences.

Abstract

The article discusses a case where a student media group at a US university was hit with a $5000 demand for failing to comply with the licensing terms of a Creative Commons image they used on a blog post about the covid pandemic. The image, sourced from a legitimate CC website, required specific attribution and linking that the students did not provide, leading to legal action. The incident underscores the complexity and variability of Creative Commons licences, contrasting with the simpler licences of platforms like Unsplash. The Student Press Law Center (SPLC) warns that photographers may intentionally set "traps" with complex licensing terms to catch and sue users who do not comply. The SPLC advises that users must meticulously follow licence requirements to avoid legal issues, as Creative Commons images are not entirely free of copyright restrictions. The article also provides guidance on responding to copyright infringement notices and suggests using platforms with straightforward licences or one's own images to mitigate risks.

Opinions

The author, Susie Kearley, emphasizes the necessity of careful attention to the terms of Creative Commons licences to avoid legal demands and potential lawsuits.
Kearley points out that some photographers may exploit complex licensing terms to ensnare unsuspecting users, which is described as a "trap."
The article implies that there is a common misconception that Creative Commons images are completely free to use, which is not accurate due to the conditions attached to the licences.
The SPLC is depicted as a resource for those who need guidance on how to handle copyright infringement notices, suggesting negotiation as a possible course of action.
The author suggests that using one's own images or those from platforms with broad, user-friendly licences like Unsplash can reduce the risk of copyright issues.

Students Get $5000 Legal Demand for Using CC Image on a Blog

Pay attention to the terms of the licence!

Copyright symbol created by Susie Kearley

Another day, another lawsuit. This is why I use my own images on my blogs most of the time! This case was a student media group at a US University. They had selected an image of a syringe to use on a blog about the covid pandemic. They downloaded the image from a well-known and legitimate Creative Commons website and thought they’d complied with the terms of the licence.

So why then, did they get a $5000 demand from the photographer who owned the copyright to the photograph? Because they failed to read the licence properly, so they didn’t link back to the licence and the photographer’s website.

Some Creative Commons images come with a detailed list of conditions that users must adhere to, and this was one of those images with a relatively complex licence.

Every Creative Commons licence is different

If you’re using Creative Commons images, you should be aware that not all Creative Commons licences are equal. On Wikimedia Commons, every single image has a different licence!

We’re all used to Unsplash, which has a pretty straightforward licence, and the crediting is built in if you use the Medium feature. But some other CC sites have more complex licences and if you don’t comply, you leave yourself open to copyright trolls and lawsuits.

In May 2022, the Student Press Law Center highlighted one case of students who’d received the $5000 demand for using a CC image, in a bid to raise awareness of the problem. They implored people to read the licences accompanying these images and to comply with the licences exactly. They explained:

If you want to use a Creative Commons photo you must take the time to read and comply with the license requirements or risk being sued for copyright infringement. Unfortunately, some photographers and companies are now intentionally taking advantage by including very specific or complex licensing terms that they know most — or at least many — users probably won’t comply with. Let’s call it what is: a trap. And once a user falls into their trap, a demand letter soon follows.

The students included the photographer’s name in the credits and thought that was all that was required, but they didn’t read the licence properly. They were also required to: “link to a specific page on the photographer’s website and include licensing terms in the photo’s file credits”. So earlier this year, they received a $5000 demand for using the image without complying with the terms. It was issued by the photographer who owned the copyright.

Many people think Creative Commons images are copyright free, but that’s not technically true. They are licenced for people to use freely under certain conditions. Only if users comply with those conditions in full are they allowed to use the photos for free. But if they don’t comply with the conditions, they risk being on the wrong end of legal action. Creative Commons is not the same as public domain, which is indeed, copyright free.

The Student Press Law Center (SPLC) website doesn’t say what happened next. My suspicion is the students negotiated the fee and paid a smaller fine, but that’s just a guess. The SPLC website does give information on how to proceed if you receive one of these notices. They specifically state:

It’s important to keep in mind that just because the copyright owner asks for a certain amount of money, that doesn’t mean the infringer has to pay it. Often, initial requests ask for a much higher amount of money to make settling for a lower amount more appealing.

They then give an example of a demand for $8000 being negotiated down to $3000. But even so, who wants to pay $3000 for a photograph that they thought was free to use?

The bottom line is, there are people out there looking to sue bloggers for using their images, and if you don’t comply 100% with the terms of the licence, you leave yourself vulnerable to such claims. Defending yourself in court isn’t cheap, so most people pay up.

As bloggers using Creative Commons images, we all need to be very careful about which photos we’re selecting and what the terms of the licence actually say.

Fortunately, Medium’s built-in function to import Unsplash photos with automatic attribution means there shouldn’t be room for error. The Unsplash licence is very broad and includes commercial use.

The only possible — and unlikely — problem that you might encounter with Unsplash, is if an image has been uploaded without the knowledge or consent of the copyright holder. This is unlikely and most Unsplash images will have been used by lots of people before you.

There is also a small risk if you choose images that are excluded from the terms of the Unsplash licence — these exclusions include pictures of recognisable people, logos, trademarks, or works of art. Animals can make a good alternative to people photos, if you’re worried.

As always, the safest option is to use your own images.