Many businesses assume an image found through a search engine is free to use on a website or social media account. Increasingly, they are discovering otherwise when a demand for licence fees arrives.
Free to download is not free to use
Under the Copyright Act 1968 (Cth), a photograph is protected as soon as it is taken. The photographer, or whoever the rights have been assigned to, controls who can reproduce it and communicate it to the public. Publishing a photo online without a licence will usually infringe that copyright, even if the image was easy to find and carried no watermark.
Why demands are increasing
Image libraries and rights holders now use automated tools that scan the internet for their images. When a match appears on a business website, a letter follows, often seeking a licence fee calculated well above what the image would have cost to license in the first place.
Common misconceptions
- "I credited the photographer." Attribution does not replace a licence.
- "I took it down when asked." Removal stops ongoing infringement but does not erase the earlier use.
- "A web designer added it." The business that publishes the site can still be liable.
- "It was on a free image site." Check the licence terms, and whether the uploader actually held the rights.
What to do
Keep a record of the licence for every image you publish. If you receive a demand, do not ignore it, but do not pay it automatically either. The amount claimed is often negotiable, and in some cases the claim itself is open to challenge.
This article is general information only and is not legal advice. The law may have changed since publication. Contact us for advice on your circumstances.