Could an image on your website trigger a copyright claim?

That depends on where the image came from and what rights you have to use it.

If you created the image yourself, commissioned it on terms that allow your business to use it, or obtained it under an appropriate stock image or other licence, you may have the necessary rights.

Finding an image online, however, does not usually mean it is free to use. Before publishing an image on a business website, you should be able to identify where it came from and the basis on which your business is entitled to use it.

If you are unsure about images already on your website, a website image copyright audit can help identify images where the source or licensing position needs further investigation.

In Australia, copyright generally arises automatically when qualifying original material such as a photograph is created. There is no requirement for a photographer to register copyright before their work can be protected.

That means the safest approach is not to ask whether an image has a copyright symbol or registration, but instead:

• Who created the image?
• Where did your business obtain it?
• Was permission given?
• Is there a licence?
• What uses does that licence permit?

If you cannot answer those questions, the image may warrant further review.

There is no single database that can tell you whether every image on the internet is protected by copyright.

A practical copyright check can involve:

• reviewing the image’s original source;
• checking your stock photography accounts and invoices;
• looking at image metadata;
• checking files supplied by photographers or agencies;
• using reverse image search tools;
• looking for matches on stock photography and licensing websites; and
• reviewing any licence terms associated with the image.

A reverse image search can provide useful clues about where an image appears online, but it does not by itself determine who owns copyright or whether your use is authorised.

Potentially, yes.

Google Images is a search tool. The fact that an image appears in Google search results does not mean Google owns it or that the image is free for a business to use.

The image may belong to a photographer, publisher, stock photography company, news organisation or another copyright owner.

If your business has used images originally found through Google, it is worth checking where those images came from and whether you have evidence supporting your right to use them.

You should not assume that an image can be used commercially simply because you found it through Google Images.

For a business website, you should ideally be able to establish the source of the image and the permission, licence or other basis on which it is being used.

This is particularly important for older websites where images may have been added years ago by different employees, contractors or web developers and the original source is no longer obvious.

Photographs and many other visual works can be protected by copyright in Australia.

In general, using somebody else’s image on a public business website may require permission or an appropriate licence unless a relevant exception applies.

For businesses, good image copyright compliance means keeping records of:

• where images came from;
• who created them;
• stock image licences;
• photographer agreements;
• permissions;
• purchase receipts; and
• any restrictions applying to the image’s use.

It is also worth periodically auditing older website content, particularly where images have accumulated over many years.

You should not assume you can use a stock photograph unless your business has the rights required for that use.

Stock image providers generally license images subject to particular terms. Those terms can differ depending on the provider, licence type and intended use.

Finding the same stock photograph elsewhere online does not remove the need to establish whether your business has an appropriate licence.

If an audit identifies an image that appears to originate from a stock photography service, the next step is usually to look for the relevant account, invoice or licence record.

A missing licence does not necessarily mean you never obtained one.

If you have lost your stock photo licence, it can be worth checking:

• old email accounts;
• Adobe Stock, Shutterstock, iStock, Getty Images or other stock accounts;
• invoices and accounting records;
• former marketing agencies;
• web developers;
• archived website files;
• previous employees; and
• photography or design contractors.

Where the licence cannot be located, you can then make an informed decision about whether further investigation, replacement or legal advice is appropriate.

Keeping a central image licence register can make this much easier in the future.

Start by identifying everything you can about the image.

Record:

• the image file;
• where it appears on your website;
• when it appears to have been uploaded;
• who may have uploaded it;
• any likely source;
• reverse image search results; and
• any relevant invoices, emails or account records.

Depending on what you find, you may decide to locate further evidence, replace the image, obtain an appropriate licence or seek legal advice.

The important point is not to treat “we can’t find the licence” as proof either way. It means the provenance needs further investigation.

Not necessarily.

Giving credit and having permission to use an image are separate issues.

Crediting a photographer may be required in some circumstances, but attribution does not automatically give a business permission to reproduce or publish their photograph.

Businesses should still establish the basis on which they are entitled to use the image.

This is a common issue, particularly with older business websites.

A web developer, designer, marketing agency or contractor may have selected and uploaded images on your behalf. That does not necessarily tell you what licence applies to those images or what records still exist.

It is worth asking the provider:

• where the images came from;
• whether they were licensed;
• who purchased the licences;
• whether the licence covers your business; and
• whether they can provide the original licence or purchase records.

A website image audit can also identify the images that require those questions to be asked, rather than trying to investigate every website asset manually.

An established website can contain images accumulated across many years, owners, employees, agencies and website rebuilds.

If you acquired the business without detailed image licensing records, it may be difficult to know the provenance of every photograph currently being used.

A retrospective website image audit can create an inventory of the images currently published and identify those where evidence of ownership or licensing should be located.

No. Reverse image searching is an investigation tool, not a legal determination.

It may help identify:

• where else an image appears;
• possible original sources;
• stock photography listings;
• photographer websites;
• publishers using the same image; and
• other information that assists with provenance research.

But finding an image on a stock website does not prove your particular use is unlicensed, just as finding no matches does not prove that an image is safe to use.

The search result is one piece of information that should be considered alongside your records.

For a small website, you could manually review every page and investigate each image individually.

For larger sites, that quickly becomes impractical.

A website image audit can instead crawl the website, identify the images being used, group duplicate versions together and create a central inventory for review.

Upper Gully Digital’s website image audit then helps identify images where the source or licence evidence may require further investigation, so you can concentrate on the images that actually need attention.

A UGD website image audit is designed to help businesses understand the provenance of images currently being used on their websites.

Depending on the audit, this can include:

• crawling the website for image files;
• identifying where each image is being used;
• removing duplicate and resized versions from the review process;
• identifying obvious website assets such as icons and interface graphics;
• reviewing image metadata;
• checking selected images using reverse image search tools;
• identifying potential stock image sources;
• recording available licence or provenance evidence; and
• producing a list of images requiring further action.

The audit is a compliance and risk-identification service. It does not determine whether copyright infringement has occurred.

Not every image with incomplete records represents a copyright problem.

Where the source of an image cannot be verified, possible next steps may include:

• asking employees or former service providers for records;
• locating the original licence;
• investigating the source further;
• obtaining a replacement image;
• licensing the image appropriately; or
• seeking legal advice where necessary.

The aim of an audit is to identify uncertainty early so the business can decide what to do about it.

you have already received a letter alleging copyright infringement, the issue has moved beyond a preventative website audit.

Avoid assuming that the amount demanded is necessarily payable, but also avoid ignoring the correspondence.

You may need legal advice about matters such as the claimed copyright ownership, the alleged use, any licence or permission your business had, the amount being demanded and the appropriate response.

UGD’s audit service can help businesses identify and organise website image records, but legal advice and negotiations should be handled separately by a legal practitioner.

For businesses with older or image-heavy websites, periodic review can be worthwhile.

The risk is often not a business deliberately copying photographs. Instead, images may have accumulated through:

• old website rebuilds;
• former employees;
• marketing agencies;
• freelancers;
• suppliers;
• blog posts;
• social media content;
• stock photography accounts; and
• files whose original licence records have since been lost.

A website image audit gives the business a clearer record of what it is using, where the images came from and which assets require further investigation.