When it comes to using pictures for marketing—whether for a blog, website, social media, or in print advertising—he rules around image copyright are often misunderstood, and the consequences can be costly.
You either have to look for truly free images – those with Creative Commons licenses (make sure to read the fine print) – ones you create yourself, or ones that you pay for the right to use that image in your marketing.
That’s baseline stuff, but what about when you think you’re doing everything right and you still get a notice saying you’re violating someone’s copyright? Does using AI-generated images sidestep the copyright hurdle?
Let’s uncover a few things most people don’t know about image copyright, but absolutely should.
Not Every Cease-and-Desist Letter Is Legit
One of the most common traps people fall into is reacting to threatening copyright letters without verifying their legitimacy. There are entire companies that send out mass-produced “cease and desist” emails or settlement demands hoping you’ll panic and pay. These letters often threaten lawsuits over alleged unauthorized image use—but many are nothing more than scare tactics.
Before you respond or send money, always check the sender’s credibility. Look for the original copyright owner or licensing platform. If it’s from a third-party agency, research them—many operate in legally gray areas. If you’re ever in doubt, consult an attorney. This is especially true if the settlement they’re demanding seems unusually high or suspiciously urgent.
Keeping Records Could Save You Thousands
Again, image copyright is weird. Even if you legally purchased or downloaded an image from a free-use site like Unsplash, Pexels, or a stock photo library, you need to keep proof of permission. That includes saving the original license terms, screenshots of the website’s usage policy at the time, and confirmation emails or receipts.
Why? Because copyright ownership can change. An image that was listed as “free to use” two years ago may now be under stricter licensing—and someone might try to retroactively claim you infringed. Without proof, you’re vulnerable. Keep a digital folder with your image licenses and permission screenshots, ideally backed up in the cloud.
Pro Heads Up: Lots of stock image platforms keep a download history that can serve as at least some form of proof in a pinch. Want to guess who doesn’t? Canva. If you use the graphic design platform—as so many do—make sure you’re keeping your own records.
“Royalty-Free” and “Free” Aren’t the Same Thing
This term confuses a lot of people. “Royalty-free” simply means you pay once and are allowed to use the image without ongoing fees. It doesn’t mean the image is free or that you can use it however you want. Every stock photo platform has different rules – some restrict commercial use, while others don’t allow edits or redistribution.
Always check the license terms before using an image, especially for business purposes. Don’t assume anything based on the label.
AI-Generated Images Are Still a Legal Gray Area
A lot of businesses have been diving headfirst into using AI tools over the past few years, but the vast majority don’t have a clear understanding of the risks. What risks are we talking about?
There’s a couple of things to think about:
- Currently, AI-generated images cannot be protected under copyright law since they aren’t created by a human author. In other words, you don’t actually “own” any AI images you use. So, anyone can potentially copy and use them. In most cases that probably won’t matter a lot, but what if people start to associate you with a particular image? Or if you decide to use an AI image in your logo? Can you say, “consumer confusion”?
- The flip side of that is that if an image is created by an AI trained on copyrighted material—like basically all of the generative AI models that are popular right now—you could unknowingly publish content that’s derivative of someone else’s work, potentially opening the door to future legal claims.
The bottom line is that, legally speaking, AI-created content is hugely in flux. Until clearer laws are established, it’s best to use it with caution, and only from platforms that offer clear usage rights or commercial licenses.
So, How Can I Protect Myself from Image Copyright Claims?
We mentioned two ways above, but here they are again, as well as a third option that both protects you and can help you to stand out.
- Look for images with Creative Commons licenses, making sure the fine print says you can use them in the way you want.
- Create images yourself. Most of us have smartphones, right? With that and a bit of creativity, you may be able to come up with material you can use in your marketing.
- Even if you think some of your self-created images are pretty good, chances are they won’t come close to the quality and creativity you can get from a professional designer. And when you pay them to do work-for-hire, that means you own the copyright.
Ultimately, image copyright law isn’t something to take lightly—but it’s also not something to fear if you understand the basics. Be proactive, stay organized, and when in doubt, don’t use an image unless you’re sure you’re allowed.
Interested in getting some incredible images for your business to use while saving yourself stress and potential legal headaches? Learn what WR Digital can do for you.
