Whether you’re running a business, managing a blog, or creating content for social media, it’s crucial to understand the legal implications of using photos without permission in Australia. Failing to obtain the necessary permissions can result in copyright infringement, leading to hefty fines and legal trouble. This guide will walk you through the essentials of using photos legally, from understanding intellectual property rights to finding alternative ways to source photos.
Copyright Laws in Australia
Copyright law in Australia protects the form of expression, not the underlying ideas or information. Governed by the Copyright Act 1968, it extends to original works like photographs and images saved from the internet. These are considered artistic works and receive the same legal protection as literary, dramatic, and musical creations. Copyright gives photographers the exclusive rights to reproduce, publish, and distribute their images. Any unauthorised use of these photos, even if found online, can result in copyright infringement.
Australia is also a signatory to international agreements like the Berne Convention and TRIPS Agreement, which establish global standards for copyright protection. This ensures that photos and images are protected from unauthorised use, whether by businesses, bloggers, or social media users. In Australia, copyright lasts for the lifetime of the photographer plus 70 years.
Understanding Intellectual Property Rights
Intellectual property rights (IPR) give creators control over how their work is used. For photographers, this means they have the exclusive right to decide how and where their photos are reproduced, published, or shared. Using a photo without permission violates these rights and could result in legal action, even if the image is casually saved from an internet search or social media post.
Consequences of Using Photos Without Permission
The consequences of using photos without permission in Australia can be severe, including:
- Legal action: The photographer can sue for copyright infringement.
- Financial penalties: Fines for copyright infringement can range from hundreds to thousands of dollars.
- Reputational damage: Being involved in legal disputes can harm your brand’s image.
Fair Dealing Exceptions to Copyright Infringement
Australia allows limited exceptions under the “fair dealing” provision. These include use for research, criticism, or news reporting. However, it’s important to understand that these exceptions are narrow, and they rarely apply to images used in commercial or public content, such as blog posts or advertisements.
How to Obtain Permission to Use Photos
The safest way to use someone else’s photos is to seek their permission. You can do this by contacting the photographer directly and asking for a licence to use the image. Depending on the photographer, you may need to pay a fee or agree to certain usage terms.
Creative Commons Licences and Their Implications
An alternative to obtaining direct permission is using photos with a Creative Commons (CC) licence. CC licences allow creators to share their work under specific conditions, such as giving credit or not using the photo for commercial purposes. Websites like Unsplash and Pexels provide millions of images under Creative Commons licences, ensuring you can find legal alternatives without risking copyright infringement.
Best Practices for Sourcing and Using Photos Legally
Here are some practical steps to ensure you’re sourcing and using photos legally:
- Use stock photo websites like Shutterstock, Getty Images, or Adobe Stock, which provide licensed images for a fee.
- Check for Creative Commons licences before using any photo.
- Always attribute photos when required by the licence.
- Create your own photos or hire a photographer to produce original content.
- Use free tools like Canva or Crello, which offer built-in access to royalty-free images.
Alternatives to Using Copyrighted Photos
If you’re unsure about the legal standing of a photo, it’s best to avoid using it. Instead, explore these alternatives:
- Royalty-free images: Available through various websites that allow free use for both personal and commercial projects.
- Public domain images: Images that are free to use without any legal restrictions.
- Original photography: Taking your own photos ensures full control and no copyright concerns.
Protecting Your Own Photos from Unauthorised Use
If you’re a content creator or photographer, it’s equally important to protect your work from being used without permission. Here are some tips:
- Watermark your images to deter unauthorised use.
- Use copyright notices on your website or portfolio to inform visitors of your rights.
- Monitor online platforms using tools like TinEye to check for unauthorised usage.
Here is an example of a copyright notice you can put on your website to protect people using photos without permission.
I give you permission to copy and paste the below and edit to suit your needs.
© [Year] [Website Name]. All rights reserved.
The content on this website, including but not limited to text, images, graphics, and design, is the intellectual property of [Website Name] unless otherwise stated. You may not reproduce, distribute, or transmit any content from this site without prior written permission from the copyright holder.
For permission requests or to inquire about using any materials on this site, please contact: [Email Address].
Optional: Some images on this site are licensed under Creative Commons and are clearly marked. Please adhere to their respective licences.
Unauthorised use of any materials on this website may violate copyright, trademark, and other laws. Any violations will be pursued to the fullest extent of the law.
For more information on how we handle your data, see our Privacy Policy and Terms of Service.
Fillable Fields:
- [Year]: The current year or the year the content was last updated.
- [Website Name]: Your website or business name.
- [Email Address]: Your contact email for inquiries.
- Optional: Add the Creative Commons/licensing sentence if applicable.
- Privacy Policy and Terms of Service: Optionally link to these policies if you have them.
This notice can be easily customised and placed on any part of your website.
A real-world example of where this has happened to me:
I encountered a situation where a local photographer used one of my professional photos of a dog who had sadly passed away. While the post appeared to be a tribute to the dog, it was also being used to advertise her pet photography services on her business page.
What made the situation uncomfortable was that she had neither asked for permission nor credited me or my business as the photographer. Typically, I wouldn’t mind if someone used one of my images in a tribute, but since this was another photographer promoting the same service, I felt it was misleading to her followers.
I reached out to her, explaining that my professional photos require permission and credit when used. Instead of crediting me, she chose to delete the post. While it wasn’t an ideal outcome, it underscored the importance of proper photo usage and respect for intellectual property, especially in a competitive industry.
Please note: This was not to name and shame the photographer, it is just to raise awareness about how easy it is these days to use people’s photos without permission. (It could be a genuine mistake like this one, but people always need to be mindful of their actions as really could land them in hot water).
Respecting Copyright Laws: A Final Word
Copyright law in Australia is designed to protect creators’ work, including photography and images found online. Using photos responsibly helps you avoid legal trouble and ensures respect for the rights of others. If you need to use images for your content, either obtain permission or use licensed resources like Creative Commons or stock photography sites.
At CLP Advertising & Photography Services, we provide professional photography services for businesses across South West WA why promote someone else’s business, taking professional photos of your business, team and products and prevent any unwanted legal action. Get in touch with us today to protect your brand and avoid copyright issues. Visit our website here to learn more and get started today.
Additional Resources: Australian Law Reform Commission