Think Twice Before You Post That Picture!

Dear Firefly Friends,

Visuals are hugely effective in getting your message across. From websites to social media posts, advertisements to blogs, the right photograph can elevate your content, conveying messages with power, precision and emotion.

In today’s digital world, though, here’s a question to ask yourself: If you didn’t take the picture yourself or pay someone to take it for you – do you have the right to post that photo?

If you’re not sure, now’s the time to take stock in your “stock photography.” Copyright infringement is on the rise, due in part because of bad actors on the internet trolling through images with the help of AI. 

It’s so easy to go online, where an abundance of seemingly “free” images abound and grab one to use. However, not all images are free – even if they appear to be. If you unknowingly use copyrighted material, you can get into legal and financial trouble.

Read more information below and stay safe,

Stacy Weller Ranieri

Chief Illuminator

Ignorance of the Law Excuses No One

In law, there is a fundamental principle “ignorantia legis neminem excusat.” Translated from Latin, it means “ignorance of the law excuses no one.” A person who is unaware of a law may not escape liability for violating that law merely by being unaware of its content.

Case in Point.

Over a year ago, one of our nonprofit clients posted a photo to use in an educational story. The photo appeared to be royalty-free and in the public domain. A few months ago, they received a threatening letter from a law firm about improper use and copyright infringement. The law firm could prove that there was a license for the image. 

The nonprofit quickly responded to the letter and immediately removed the image wherever it had appeared. But this wasn’t the end goal of the law firm. It was determined to negotiate a financial settlement for the improper use of the image – even though the nonprofit was unaware of the copyright infringement.

We later learned that nefarious entities take copyrighted images from one website and intentionally post them alongside royalty-free photos in the public domain. Unsuspecting organizations like our client grab the “free” image and then use it. Soon after, they are slapped with an infringement claim and have no recourse but to pay the fee. 

Image Scraping is also on the Rise

Use Reputable Stock Photography Sites

While Firefly encourages our clients to hire professional photographers whenever possible to create their own inventory of original, licensed photos and videos, time and budget constraints don’t always allow for that. 

That’s when stock photography websites can provide invaluable, safe and cost-effective visual resources. They offer several important benefits. 

You’ll be legally protected.

Stock photography websites serve as reputable repositories of licensed images, vetted and cleared for legal use. When you purchase images from these platforms, you are shielded from the perils of copyright infringement and that can give you some much-needed peace of mind.

Rely on trusted stock photography websites that have been around for a while and are recognized for their adherence to ethical standards and legal compliance. The sites should offer you a wealth of curated images, accompanied by clear licensing terms and usage rights. Be sure to scrutinize their licensing agreements before using their images in your projects. 

You’ll save time and money.

It takes time to navigate the labyrinth of copyright permissions for individual images, and commissioning custom photography can be expensive. Stock photo websites streamline the process. You get cost-effective access to a vast library of images ready for immediate use and the assurance that you have the right to use the images. Of course, there are situations when hiring a professional photographer to take original, customized photos is the best way to go – and in the long term, could be well worth the investment.

Your creativity may be sparked.

Stock photo libraries cater to a wide spectrum of creative projects, from personal blogs and corporate presentations to entire marketing campaigns. Whether you're a seasoned professional or an aspiring novice, you can find images that will meet your immediate needs and also ignite your creative spark.

It’s the right thing to do.

Photographers and designers deserve compensation for the use of their intellectual property. By compensating them for their work, you not only stay out of legal trouble but you also uphold principles of fairness and reciprocity, nurturing a culture of mutual respect within the creative community.

A quick Google search will give you the names of many reputable stock photography websites. We encourage you to choose one, activate an account that fits your budget and know that you will have peace of mind that you can safely use those images and avoid the threat of copyright infringement.

Keep Good Records

Maintain meticulous records of image licenses, receipts, and permissions obtained from legitimate sources. If you’re ever called upon to defend your actions, thorough documentation will serve you well.

So while a picture paints a thousand words, we don’t want a “free” image to suddenly cost your thousands. We encourage you to get your own digital house in order while continuing to use compelling visuals to tell your story.