- Using pictures from other websites could violate copyright laws.lcd monitor with keyboard and mouse 2007 image by patrimonio designs from Fotolia.com
Copyright laws were created to protect original creative works including photos, drawings, graphics and other images displayed on the Internet. However, lawyer and copyright expert John D. Zelezny says copyright infringement on the Internet remains rampant because people don’t know or don’t care about copyright violations. Website owners are subject to the same penalties as others who infringe upon a copyright. - A copyright becomes applicable as soon as an original work is created and fixed in some tangible form. This includes posting a picture on a website. Although artists are encouraged to register a copyright for their work, it is not necessary. The copyright affords the creator the right to display, distribute, reproduce, adapt or perform the work publicly. No one else is allowed to use the image unless the creator has given approval or transferred the copyright to that person or organization.
- Basic copyright laws allow fair use of another person’s work for such purposes as reviews and education. Quotes and references to content are generally accepted uses. For images, courts have determined that using thumbnail images taken from other sites is acceptable, but not necessarily the full image. Questions arise with image use on educational sites about whether the inclusion of a picture constitutes “fair use.” The image is no longer being distributed to a limited audience for a brief time and widespread online viewing could be considered to have a negative financial impact. The University of Maryland University College, for instance, recommends the “brevity and spontaneity test,” in which the copyrighted material is used briefly for a limited number of times.
- In 1993, Playboy Magazine challenged an electronic bulletin board service that was posting pictures of playmates on its site. A federal District Court ruled that the defendant had violated Playboy’s rights as guaranteed by copyright laws. The case set the precedent for whether using images from other websites is an infringement. Playboy has since won similar cases.
- The University of Maryland University College offers these suggestions if using images from the Internet: Determine if the website owner has guidelines for using the image, and, if available, follow them; if not, seek permission from the copyright owner. Otherwise, assume that the image is protected by copyright and don't use it.
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