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If you are building a website for your UK online business, you will likely want to use images to make it more visually appealing. However, while you may be tempted to grab pictures online, it is essential to understand the legal implications of using third-party photographs. Accordingly, this article will explore the rules and regulations surrounding using third-party photos on UK online business websites.
Copyright Law
Copyright law exists to protect original works, including physical and digital photographs. In the UK, copyright law is governed by the Copyright, Designs and Patents Act 1988.
These rights typically last for 70 years after the death of the creator. This means you cannot simply use any photograph you find online without the creator’s permission, and doing so could result in legal action against you and your business. Therefore, if you want to use a third-party photograph on your website, you must obtain the copyright owner’s consent first.
Obtaining Permission
There are a few common ways to safely use a third-party photograph on your website, which include the following methods.
| Contact the Copyright Owner Directly | If you can identify the copyright owner of the photography you want to use, you can contact them directly to ask for permission. This may involve paying a fee or agreeing to certain conditions. |
| Use a Stock Image Website | Stock image sites like Shutterstock allow you to purchase licenses to use stock photos commercially. These licences typically come with restrictions on how you can use the photography and how many times you can use it. |
| Use Images in the Public Domain | Images in the public domain are not subject to copyright restrictions. This includes pictures over 70 years old, as well as images that have been released into the public domain by their creators. |
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Fair Use
Sometimes, you can use a third-party photograph without obtaining permission from the copyright owner. This is known as “fair use” and is a legal exception to copyright law.
Fair use allows using copyrighted material for specific purposes, such as:
- criticism;
- commentary;
- news reporting;
- teaching;
- scholarship; or
- research.
However, fair use is a complex and often subjective concept. The law does not clearly define what constitutes fair use, and each case is evaluated on its own merits. Consider the following factors to determine whether using a third-party photograph qualifies as fair use.
1. Purpose and Character of the Use
If your use of the picture is transformative and creates something new and original, it is more likely to be fair use. For example, using the original image in a collage or illustrating a blog post could be transformative.
2. Nature of the Copyrighted Work
If the photograph is highly creative or original, it is less likely to be considered fair use. Conversely, if the picture is more factual or informational, it is more likely to be regarded as fair use.
3. Amount and Substantiality of the Portion Used
If you only use a small portion of the photograph, or if you use it in a way that does not undermine the value of the original work, it is more likely to be considered fair use.
4. Effect of the Use on the Value of the Copyrighted Work
If your use of the photograph could harm the value of the original work, it is less likely to be considered fair use. For example, using a photo in a way that competes with the original work, such as using it as a product image on an e-commerce website, could be considered unfair use.
It is important to note that fair use is not a get-out-of-jail-free card. Just because you believe your use of a photograph is fair use does not mean the copyright owner will agree. If unsure whether using a third-party photograph qualifies as fair use, seek legal advice before using it on your website.
Potential Penalties for Misuse
If you use a third-party photograph without permission and the copyright owner discovers it, they may take legal action against you. This could result in fines, damages, and legal fees, significantly burdening your business. In some cases, you may also be ordered to stop using the photograph and destroy all copies.
The penalties for copyright infringement can be even more severe if you knowingly or intentionally use a photograph without permission. This is known as willful infringement and can result in higher fines and damages. In extreme cases, willful infringement can even lead to criminal charges.
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Key Takeaways
In summary, if you are building a UK online business website and want to use third-party photographs, you must obtain permission from the copyright holder first. This can involve contacting the copyright owner directly, using a stock image website, or using images in the public domain.
Accordingly, if you believe using a third-party photograph qualifies as fair use, it is essential to carefully evaluate the factors outlined in this article before using it on your website. However, if in doubt, you should obtain specialist legal advice before using it on your website.
If you need help ensuring the lawful and safe use of third-party photographs on your website, our experienced e-commerce and online business 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 0808 196 8584 or visit our membership page.
Frequently Asked Questions
A copyright holder, such as a professional photographer, may utilise watermarking technology and only provide un-watermarked copies upon their consent to use on your website.
Many copyright holders are willing to pursue legal action against online business websites for misuse of their photographs without prior consent. It is, therefore, vital to consider legal advice before using such images on your website.
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