I once had a client forward me a series of emails from a company claiming he owed hundreds of dollars in payment for using copyrighted images on his website. These emails looked legitimate on the surface, but as we dug a little deeper into the “proof,” I realized these claims referenced images embedded into the content from external URLs.
Image embeds are not unique to personal websites. You see them every day on social channels. On many platforms, when someone shares a link, the published result is often an image and some excerpt of the content. It’s a widely used method of displaying information from links, and many of us do this in our own social profiles without a second thought. I found it hard to believe that hundreds of people violate copyright claims every day by sharing links.
I decided to read up a bit and try to get a handle on whether this is an actual violation or if these companies are preying on website managers in hopes of scaring them into paying for a violation that doesn’t exist. At the end of the day, I referred him to an attorney for a final word on the matter. What follows is a summary of what I learned in that process and something you might find helpful when evaluating your own image-handling practices.
Disclaimer: I am not a lawyer. What follows is not legal advice. Contact an attorney if you have any questions about the legality of your use of images on your website or any emails you receive claiming you have used images unlawfully.
Understanding Copyright Rules
Most images are protected by copyright law. You cannot simply download and use any image you find on the interwebs. The original creator holds the rights to the images they produce, and using these images without permission can lead to copyright infringement. If you are found guilty of copyright infringement, it can lead to monetary penalties and legal action.
When sourcing images for your website, you must create them yourself, purchase the rights to use them, or use images explicitly labeled for reuse with or without modifications. Websites such as Pixabay, Unsplash, and Pexels offer a wide range of high-quality images that are free to use for commercial purposes without attribution.
Uploading vs. Embedding Images
As a website owner, you can either upload images directly to your website’s media library or embed them from other sources, such as image-hosting websites or social media platforms. It is important to understand the distinction between these two methods and the implications in terms of copyright compliance.
When you upload an image to your website’s database, you are essentially making a copy of the image on your server. You are responsible for ensuring that you have the right to use it and that it does not infringe upon any copyrights.
On the other hand, when you embed an image from another source, you are essentially displaying the image on your website without hosting it on your server. Whether you upload or embed, the original creator still holds the copyright.
Is embedding images from other websites legal?
When you choose to embed an image, you enter a grey area in copyright laws. A search engine query will pull up many articles about the legality of embeds. Right now, the answer seems to be “it depends.” If you are concerned, even in the slightest, about legal liability and the use of images on your website, consult an attorney to discuss your usage and the current legal climate surrounding embeds.
Past court cases to read more:
Embedded Content: Copyright Infringement or Permissible Use Under the Server Rule?
Is “Photo Embedding” Copyright Infringement? It Depends on the Court
Legalities 41: Courts Reverse Course on the Legality of Embedding Your Instagram Images
Guarding Against Scammers
Unsuspecting website owners are often targets of scammers looking to extract money through false copyright claims. It’s important to verify the authenticity of copyright claims against the images used on your website. Creating a record within your website’s media library descriptions or elsewhere to record license usage and image sources can help you prove compliance or disprove illegal use claims in the event you receive any disputes.
As a website manager, you need to be well-informed about copyright rules when using images on your websites. By being mindful of the sources and licensing of the images used and maintaining records of image usage, you can mitigate the risk of copyright infringement and protect your online presence.
For more detailed information on copyright rules and best practices for using images on your website, you can refer to the following resources:
