If you have an e-commerce website, you understand that photos grab customer attention. However, chances are that taking custom photographs of every item you sell is out of the budget. You can legally use photos taken by other people, but you must have their permission to do so. This article explains when you can use other people’s photos for your e-commerce website.
The Basics of Photo Copyright
Copyright is an exclusive right granted automatically to the creator of an original piece of work. Therefore, when a person takes a photo, copyright immediately protects the photo. The photographer can also license or assign copyright. For example, if the photographer is an employee, the employment contract will assign the photo copyright to the employer.
This means that its owner’s copyright protects any photo you find online. In some cases, you may be able to use the photo. For example, where you request permission or pay for a licence. However, if the owner does not grant permission, you do not have the legal right to use the photo. This could allow them to take legal action against you. Therefore, you must verify that you have the legal right to use any photos.
When You Can Use Photos on Your Website
There are nine situations where you can legally post photos on your e-commerce website.
| Photo Source | When You Can Use the Photo |
| Taken by yourself | As you created the photo, you own the copyright |
| Taken by an independent contractor | You own the copyright as long as the contract assigns it to you |
| Taken by your employees | If taken during the course of their employment, you own the copyright as the employer |
| Taken by your suppliers | If the terms of the supply agreement grant you a licence to use the photo for commercial purposes |
| Taken by someone else | If the terms of the licence agreement grant you to use the photo for commercial purposes |
| Stock website | The licence of most stock photos allow them to be used for commercial purposes |
| Public domain | Photos are free to use in the public domain after 70 years have passed since the photographer’s death |
| Creative Commons | If the terms of the Creative Commons licence allow you to use the photo for commercial use (you may also have to attribute the photographer if the licence requires it) |
When You Can Use Photos on Facebook and Instagram
In addition to your website, you may have a social media presence. You may want to use photos to promote your site using networks like Facebook and Instagram. These social media sites have terms and conditions that dictate how to use others’ photos.
For example, Instagram’s Terms of Use state that when a person uploads a photo, the owner retains the copyright but grants Instagram a licence to use the content. This licence then allows Instagram to allow others to legally re-post the photo, as long as they attribute the original owner and make it clear that the photo is not theirs. Facebook and other social media sites have similar conditions. However, you must always give attribution — it is still illegal to repost a photo without identifying the original owner.
Therefore, you must give the owner credit when sharing someone else’s photo. You also must consider whether it would appear to others that you are presenting it as your own. If you clarify that it is someone else’s photo you share, you will avoid breaching photo copyright.
However, it is essential to remember that you can only do this because of the licence granted by Instagram’s Terms of Use. This licence does not extend to your e-commerce site, so you cannot avoid breaching photo copyright on your website by attributing the owner.
Your business’ brand represents your values, identity and reputation. Learn how to create a successful brand and protect it.
Key Takeaways
Before using any photos on your e-commerce website, you must ensure that you have the right to do so. To ensure that you do not breach anyone’s photo copyright:
- determine whether you already have the rights to use the photo;
- obtain permission through a licence; or
- if posting a photo on social media without permission, give attribution to the copyright owner and make it clear that the photo is not your own.
If you need help with using photos for your eCommerce site, our experienced contract lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
Copyright is an exclusive right that is automatically granted to the creator of an original work. Copyright does not protect ideas; it only protects original works that are expressed in a material form. For example, books, photographs, articles, music and films. A copyright owner has the exclusive right to publish and use the original work and prevents others from claiming it as their own.
Copyright is granted automatically upon the creation of an original work. This means that copyright does not need to be registered to protect a work. For example, once a photograph is taken, copyright is automatically granted. This is of course subject to any contractual arrangement (such as an employment agreement) where copyright is assigned by the creator of the original work to another party.
We appreciate your feedback – your submission has been successfully received.
