Hughes blog post: Can I use this image? You may be breaking the law!

“Can I use this image?” I have heard this question more times in the last few months than ever before – people are now starting to realise that there are copyright laws attributed to content (including images) on their social media platforms.

By sharing images on social media platforms, you may be breaking Australian copyright law.

The golden rule is simple – If you didn’t create the image, and you’re not aware of the copyright license the creator of the image attributed to their work – don’t use it and don’t share it.

Copyright law is complicated. Plus, copyright laws vary from country to country. It’s no wonder that many people using social media are unaware of their responsibilities regarding copyright.

If you’re a social media community manager and you want to use images, you need to own the image that you are using – or make sure you completely understand the license conditions of the image. Taking an image from Google won’t always be acceptable under copyright law – even if you credit it – because you need to know the copyright license conditions of the image.

So, what can you use? When advising clients, I inform them of the following options:

• Use an image that you have taken yourself, or that someone you know has taken, who has provided you with their permission to use the image;
• Use an image that your company has paid for (eg commissioning a photographer), ensuring that the photographer has granted rights for your company to use the images on social media;
• Pay for a stock image (from a website such as http://www.istockphoto.com/);
• Use an image that is free for you to use under a creative commons license (from a website such as https://www.flickr.com/creativecommons/ – check out the different licenses available);
• OR use an image that is deemed “no copyright” and the creator of the image has specifically said that they waive their rights to the work (such as the images on http://unsplash.com/ or http://www.freeimages.com).
• Google Image Search now also offers advanced tools to help you identify which images are free to use or share – click here for more details.

Remember, if you have specific questions about copyright you should seek the advice of an expert. A good place to start is http://www.copyright.com.au/ or speak to a copyright lawyer. And as always, copyright law is subject to change. So the next time you ask “can I use this image?” remember the golden rule – If you didn’t create the image, and you’re not aware of the copyright license the creator of the image attributed to their work – don’t use it and don’t share it.

- Kate Potter