Can I use a photo off Google on my Website or Blog?

Can you use an image on Google on your website? Blog? Social media? 🤔
The answer is a resounding.... NO. 🙅‍♀️.

But why? And is anyone really going to notice if you do?

Let’s break it down.

First, you need to know: Everything on the internet is copyrighted….to someone.

Anything you use of the internet is copyrighted to SOMEONE, at some point. This person may- or may- not enforce that copyright, but 99% of the time, that copyright is going to exist.

Why? Because A copyright "attaches" to a graphic design, photo, picture, or file as soon as it is created. It lasts for “70 years plus the life of the author.” And guess what isn’t 70 years old yet?? YEP, the internet.

So if you think about it, anything scanned into, posted on, illustrated, or written on the internet has some sort of non-expired copyright.

The author may not require that you obtain their permission (legal language for this is “license”). They may not require you pay to use the image (a “license fee”). Or the owner may permit use under Creative Commons license, or maybe they just think “meh, who cares.” But do not be fooled: the copyright itself does exist.

…and if you use a registered copyright without permission, you can get sued for a LOT of money.

So we now know that everything you see on the internet is copyrighted to someone. Well….if that owner registers the copyright and you use it without a license, they can sue you for using it without permission-- even if you "give credit"! 😱

Spoiler alert: “giving credit” doesn’t matter. Using an image/ file/ picture/ design/ sound without permission IS LEGALLY INFRINGEMENT.

Even if you don’t mean it.

Even if you didn't know.

Even if you didn't think it was copyrighted.

Even if you take it down off of your website or blog.

You can get sued for anywhere from “actual damages”- the amount of money the individual would have made if you paid their licensing fee— or for up to $150k per work, per infringement. That’s…… a LOT OF MONEY.

And we’re seeing this a LOT recently.

FINALLY: In my "law practice life," (remember, not Engaged Legal, which is an educational resource & not a law firm) I am seeing a BIG spike in the number of claims and demands filed by groups like PicRights, FoodPhotos, Agence France Presse, and law firm Higbee & Associates.

They use 🤖 bots to crawl the internet and reverse-image search for images belonging to their clients.

Then, they send out HUNDREDS of demand thousands of dollars for unauthorized "use" of the images-- or they threaten to sue for 💸$30k, 💸$150k, and more *cue fainting*

And.... they will. They have done it in the past.

But here’s the thing: They demand thousands of dollars in each demand letter. And many times, these letters…… well they aren’t telling the entire story.

They might not have the rights they claim they do.

I’ve seen instances where they DO have the right to demand money. I’ve also seen instances where they don’t. And in my opinion, that’s shady.

[In my opinion] they can be very nasty and threatening. [In my opinion] they are deceptive. [In my opinion] they are misleading. In my opinion, it's a predatory practice that exploits small business owners using outdated copyright laws.

But many times, they do have the right to demand compensation under the current copyright regime.

THIS is what can happen when you use images off Google.

Wait… so what should I do?!

You know I never leave you hanging without a game plan. Here’s a place to start:

• Please, please, PLEASE always use images that are properly licensed, and don't just grab screenshots off of Google images.

• Audit your website. If you don’t know where every single image on your website, blog, and social media came from, take it down. Then, delete it from your server. Their bots can find past use and locate those old files.

• If you're contacted by any of these organizations OR receive , DO NOT ENGAGE and GET A LAWYER, stat.

  • Don’t sign anything without having a lawyer look at it.

  • Don’t pay anything without having a lawyer look at it.

  • Don’t admit, deny, or put any dates, uses, or other admissions in writing. This includes saying “this is fair use!” or “I got it off of Wikipedia!” Remember: in this context, “everything you say can and will be used against you!”

  • Get a lawyer on the phone.

• Instruct all of your social media managers, web designers, and content creators to use only approved sources for images.

• Consider indemnity clauses in your agreement with third party designers + creators. Because remember: not knowing isn’t considered an excuse!

Has this ever happened to you?