Debunking the Myths of Image Copyright Law: What Businesses Need to Know

Written By Black Site Media HQ
Black Site Media Cameraman filming one of the Models for Commercial Marketing

In the digital age, images are everywhere — social media, websites, advertisements, and marketing collateral. Yet, despite their ubiquity, the rules surrounding image use are often misunderstood, misrepresented, or outright ignored. For businesses, the consequences of copyright infringement can be severe: legal action, fines, reputational damage, and lost revenue.

This blog sets the record straight by diving deep into image copyright law and dismantling the myths, half-truths, and old wives’ tales that businesses often rely on to justify their misuse of licensed or copyrighted media. Whether you're a startup building your brand or an established enterprise expanding your digital footprint, understanding copyright law is not optional — it's essential.

Understanding Copyright Law for Images

Copyright law is designed to protect the intellectual property of creators, giving them exclusive rights over the use and distribution of their work. This includes photographs, illustrations, digital artwork, video clips, and even memes.

In most jurisdictions, including the UK and US:

  • Copyright is automatic upon creation; no registration is required (although registering does offer additional legal benefits in some countries).

  • The copyright owner has exclusive rights to reproduce, distribute, and display the work.

  • Unauthorized use constitutes infringement — even if unintentional or non-commercial.

For businesses, this means that every piece of content you use — from a background image on a web page to a graphic in a pitch deck — must be properly licensed. Ignorance is not a defense in the eyes of the law.

Common Myths and Misconceptions

Let's examine some of the most common — and dangerous — myths businesses believe about using images.

Myth #1: "It’s already in the public domain, so I can use it."

Reality: The term "public domain" is widely misunderstood. Just because something is publicly accessible does not mean it is in the legal public domain.

True public domain content is not protected by copyright due to expired rights, explicit waivers by the creator, or works created by government entities (in some countries). For example, a 19th-century painting might be in the public domain, but a modern photo of that painting is not — that photo is protected by the photographer’s copyright.

Some websites label their collections as "public domain" — always verify their sources. Just because one platform offers free downloads doesn't guarantee that usage rights are legitimate or appropriate for commercial use.

Key takeaway: Just because you found it online doesn’t mean it’s public domain. Always check the source and usage rights.

Myth #2: "I found it on Google Images, so it’s free to use."

Reality: Google Images is a search engine, not a licensing tool. It indexes images from across the web, including copyrighted content.

If you use an image found through Google without permission or proper licensing, you risk infringing copyright. Many companies have learned this the hard way after receiving legal notices or hefty bills from rights holders or image agencies like Getty Images or Shutterstock.

Google offers a "usage rights" filter to help narrow results by license type — but even then, due diligence is essential. You must still trace the image back to its source and verify the license.

Key takeaway: Google is not a source of free imagery — it’s a search tool. Use legitimate stock libraries or direct licensing from creators.

Myth #3: "If I only use 30 seconds of a video or crop the image, that’s allowed."

Reality: This stems from a misapplication of the concept of "fair use" or "fair dealing," which are legal doctrines that allow limited use of copyrighted material without permission under specific conditions.

In limited circumstances, such as commentary, criticism, news reporting, or education, small portions of a work may be used without permission. However, commercial use rarely qualifies. Cropping, resizing, or editing an image does notnegate copyright protection. The creative essence of the work is still present and protected.

For video, the so-called "30-second rule" is a total myth. There is no legal time threshold that makes use automatically permissible. In fact, some courts have ruled against uses of even a few seconds of footage.

Key takeaway: Modifying a work doesn’t make it yours. Even a short clip or cropped image can be considered infringement.

Myth #4: "But it’s just for a small business. No one will notice."

Reality: Copyright enforcement has become highly automated. Many rights holders use image recognition software (like Pixsy, TinEye, or proprietary AI tools) to track where their work appears online.

It doesn't matter if you're a multinational or a sole trader — if you use content without permission, you’re at risk. Legal action or demands for retroactive licensing can still be costly, particularly for small businesses with limited legal resources.

Moreover, infringing content can be flagged by competitors, customers, or even the platforms you use (such as Shopify, Instagram, or Facebook), leading to takedowns or account penalties.

Key takeaway: Size doesn't matter. Being a small business does not protect you from copyright liability.

Myth #5: "It was posted on social media — it’s meant to be shared."

Reality: Just because someone posts an image to Instagram, TikTok, or Twitter does not mean they’ve waived their copyright.

Most social media platforms have terms of service that grant them — the platforms — certain usage rights to content posted by users. However, these rights do not extend to other businesses or individuals who wish to reuse that content, especially for commercial purposes.

Reposting without permission can get your business into hot water, especially if the content goes viral or is monetized. Brands have been sued for using influencer photos without consent, even when giving credit.

Key takeaway: Social media content is still copyrighted. Always ask before reposting.

Myth #6: "I gave credit to the artist, so I’m covered."

Reality: Giving credit is not a substitute for obtaining permission.

Attribution does not equal a license. While it’s courteous and often required under licenses like Creative Commons, it does not protect you from legal consequences if you didn’t secure proper usage rights.

This is especially important when using content for advertising, websites, or printed materials. Even with full attribution, if the content is unlicensed, it's still infringement.

Key takeaway: Credit is polite. Licensing is required.

Myth #7: "I used AI to generate it — it’s mine."

Reality: The rise of generative AI has created a gray area. While AI tools can produce unique content, the training data used to build them often includes copyrighted material.

In some cases, the output may still infringe on original works or carry legal risks if used commercially. Additionally, many AI tools retain usage rights over what you generate — or restrict commercial use entirely. Some platforms also assert copyright ownership over the outputs or prohibit use in regulated industries.

The law around AI-generated content is evolving, and many businesses assume more legal clarity than currently exists.

Key takeaway: AI doesn’t automatically make your content copyright-safe. Always read the terms of service and consider legal review for high-stakes usage.

Myth #8: "Why should I pay? It’s just an image."

Reality: This mindset undervalues the time, skill, and investment that goes into creating professional visuals. Licensing fees help support artists, photographers, and illustrators.

Using content without paying is not only unethical — it’s also illegal. Just as you'd expect to be paid for your work, creators deserve fair compensation for theirs.

There’s also a strategic benefit: paying for content ensures quality, legitimacy, and often access to higher resolutions or extended usage rights. Free content often comes with limitations or legal uncertainties.

Key takeaway: Creative work has value. Respect it, and budget for it like any other business expense.

Best Practices for Legal Image Use

To avoid legal issues, businesses should adopt clear policies and workflows:

1. Use Licensed or Owned Content
Use reputable stock photo sites (e.g., Adobe Stock, Getty, Alamy, Unsplash with attribution) or hire creators directly. Keep written records of licenses and receipts.

2. Understand Usage Terms
Check whether your license includes commercial use, modifications, social media use, or web distribution. Some images are for editorial use only and cannot be used in promotional material.

3. Train Your Team
Make sure staff, designers, marketers, and freelancers understand image copyright basics. Include it in onboarding materials and creative briefs.

4. Implement a Content Review Process
Before publishing any marketing or design assets, confirm that all images are properly licensed. Use an asset management system to track rights.

5. Use Creative Commons Carefully
Some Creative Commons licenses allow for commercial use — others don’t. Look for licenses like CC BY or CC BY-SA for business purposes. Always verify the license and attribute appropriately.

6. When in Doubt, Ask
If you’re unsure about an image, contact the creator or rights holder. Better safe than sued. Many creators are open to licensing — or will direct you to a licensing agent.

7. Maintain a Content Log
Create an internal record (spreadsheet or DAM) showing the source, license type, date of purchase/download, and permitted usage for each image you use.

What to Do If You’ve Used an Image Improperly

Mistakes happen. If you’ve already used an image without proper rights:

  • Remove the content immediately from your website, social channels, and any active advertising.

  • Contact the rights holder to request retroactive licensing or discuss terms. Be transparent and professional.

  • Be prepared to pay a fee or settlement — in many cases, this is less costly than legal proceedings.

  • Review internal practices to prevent future misuse and educate your team.

Being proactive can sometimes prevent legal escalation — but don’t assume you’ll get off the hook just because you removed the image.

Conclusion: Respect Images, Respect Creators

Images are not just decorative — they are the result of someone’s skill and labor. The internet may have made media more accessible, but it has not erased the legal protections that creators are entitled to.

For businesses, the message is simple: don’t fall for the myths. Invest in proper licensing, respect copyright law, and treat creative content with the same care and due diligence you apply to any other asset in your business.

By doing so, you not only protect yourself legally — you also contribute to a fairer, more sustainable creative economy.

Further Reading:

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