Photos you can use on your blog without breaking the law…

Posted by Jennine • February 9th, 2009 • Printer-friendly

What kind of photos can you use on your blog?

Sure there are loads of bloggers who lift images from other sites, but due to copyright infringement laws, they may be breaking the law, and vulnerable to lawsuits. Yuck. So which images can you use?

Referencing the source, isn’t always enough. Some websites will allow you to use their images for a fee, as I heard this morning from a blogger who was notified by a well-known fashion website that she had to pay to use their images… Now, I love copyright law as much as the next gal, but this particular website asks bloggers all the time for free images, and they certainly benefit from the traffic bloggers drive to their site. I had half the mind to write an angry letter to them, then I realized that maybe it’s us bloggers who should band together and start charging them to use our photos, they certainly have more money than us. ❤

Before I digress… while you may not be able to use images from some of the big fashion sites on your own blog, that doesn’t mean that you’re at a loss. There are plenty of images out there that are free to use, you just familiarize yourself with the different kinds of licensing, and different sourcing procedures.

Take your own photos

When I was in design school, our teachers encouraged us to take our own photos. Why? Not because they just liked giving us additional work, but because they said that designers who use stock photography all looked the same. I think it’s also true with blogs. Most of the best fashion blogs out there take their own photos, because you’re really seeing things from the authors unique perspective. Learning about photography is also fun, and you’re site will benefit from having a distinct look and feel from it that will stand out from the rest. And no one can sue you unless you publish a picture of someone without a model release.

Ask for press photos

I’ve had pretty good luck with this, designers and boutiques want to get the word out about their products, and they will most likely have press photos for you to use. Though this usually works with smaller designers and businesses… I’m sure that will change in the next few years. Also, many times in a PR pitch, if something looks interesting, you can ask the PR rep for press images. A lot of times I’ll get better images from the press office than from the website, so it’s worth it contact them. And a lot of times they’ll put you on their newsletter, so you’ll get an update with any new developments… which could be good for future posts.

Public domain

Public Domain images are so old, their copyright has expired, or they have no copyright, no restrictions on use and are owned by the public. Flickr is working on a great project called ‘The Commons‘ which is a collection of public domain images from some of the best sources, Library of Congress, NY Public Library, the Smithsonian and the National Gallery of Scotland are just a few. You’d be surprised how many great images are under the public domain. Oh, and also one of my favorite sites, Karen’s Whimsy has great free clipart to use.

Creative Commons

Neither of my websites would be the same without Creative Commons. I have it bookmarked in my tool bar, and I use it almost every day, particularly for my more abstract posts (like this one!). You must take note, that not all photos on Flickr are free to use. Some of them are marked ‘All Rights Reserved’ and you need to get permission to use them. The ones marked ‘Some Rights Reserved’ are more than likely under the Creative Commons license. Under the Creative Commons license there are a few things you have to familiarize yourself with…

Attribution 2.0 Generic- Means you can share (use) remix, alter, crop the images, and you MUST credit the photographer. I tend to use photos with this license, becuase I like cropping, and writing on images.

Attribution-Noncommercial 2.0 Generic- Means you can share (use) remix, alter, crop the images, and you MUST credit the photographer, but you may not use these for commercial purposes.

Attribution-No Derivative Works 2.0 Generic -means you can share (use) the photos but you can not alter, crop or write on them. You MUST credit the photographer.

Attribution-Noncommercial-No Derivative Works 2.0 Generic- you can share (use) the photos but you can not alter, crop or write on them. You MUST credit the photographer. You may not use these for commercial purposes.

I know it looks like a lot to learn, however Flickr makes it easy, just look on the side navigation with all the tag and group information, it’s listed in that area with a link to what kind of license it is.

Stock Images

These sites also offer free stock photography, here you’ll be able to get some relatively good quality photos, and many of them offer them in press quality, shall you decide you need to make printed matter. The Stock Exchange and Every Stock Photo are worth checking out. iStockphoto has relatively cheap photos and vector graphic to use in case… but they aren’t free, however, if you’ve been taking your own photos.. it might be a good place to sell some and maybe make an extra buck or two.

Disclaimer: I may be related to some lawyers, and I even have some lawyer friends… but I’m not a lawyer. This post it suggestive only and not to be taken for legal advice.

Resources

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Tagged as: copyright, ethics, photography, resources, tips

43 Responses »

Ashe Mischief
February 9, 2009 • 4:59 pm

Excellent post! This is something I often worry about, and am even guilty of (that is, lifting photos and simply crediting them).

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Jesspgh
February 9, 2009 • 5:04 pm

This was recently very much on my mind when I wanted to blog about full-skirted coats, using the Sartorialist’s picture of two women walking arm in arm. My original post included a screen capped version of the photo but then I looked on his site to see if he allowed people to use them so long as he was credited. He didn’t so I quickly removed it and opted for a link instead. It certainly took away from the visual appeal of the blog entry, though.

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Jennine
February 9, 2009 • 5:11 pm

❤ ashe… i’ve done it too a lot, particularly in the beginning, but i’m really trying my best to not .. thought sometimes….
❤ jesspgh… hmm wow, i’m a bit shocked that he has such a strong statement on his blog, as it seems that no one pays attention (i admit i have taken from his site in the past, though not recently) i’m interested to wonder how successful his blog would be without all the bloggers quoting his work.

that’s another thing i wonder about… how relevant are copyright laws going to be in the future? how are they going to change? will they then experience the same issues as the record industry?

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alixrose
February 9, 2009 • 5:33 pm

Thank you so much for this. I credit the pictures, but its nice to know how I can be more thorough about this.

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WhatTheProsDo
February 9, 2009 • 6:19 pm

This is one of the most helpful posts I have come across as a newbie blogger!

I love using pics in my posts but my lack of copyright knowlege has been playing on my mind so thanks for all the info and the suggestions on where to find images

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WendyB
February 9, 2009 • 7:50 pm

“i’m interested to wonder how successful his blog would be without all the bloggers quoting his work. ” == the answer to that would, I believe, be not at all.

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tim
February 9, 2009 • 8:14 pm

So if i go into a fashionstore and take pics of what i want to blog about e.g. a new brand of clothing i am on the safe side of things?

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Sweety P
February 9, 2009 • 9:12 pm

This is very helpful post! Sometimes I rather not cover events that I can’t attend because I can’t take my own pictures such as The Grammy’s, Oscars, and Fashion Week. I though that it’s okay to use photos as long as you have a link to the original photo and acknowledge the author. But, I guess i have been doing that wrong.

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Stylish Thought
February 9, 2009 • 9:14 pm

This is a great post because I know that I’m very guilty of doing this. It’s sometimes hard to find right images that you can use so this is a great resource. In my experience Creative Commons has been a great place to find poignant images.

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InstantVintage
February 9, 2009 • 9:21 pm

Yeesh! Thanks for the info. Makes me not want to link other people’s work…

I’m glad to hear that people aren’t coming down too hard on the blogosphere, but the looming threat is enough for me to take my camera with me everywhere.

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Jennine
February 9, 2009 • 9:29 pm

❤alixrose…yes, you’ll probably end up bring more thorough as time goes on…
❤whattheprosdo…thanks, i’m glad to be of help. it’s a bit daunting at first, but once you get into it, it’s not that hard
❤wendy… yep, enough said.
❤sweety, it’s a grey area, we’re not supposed to use it, but i’ve yet to hear anyone actually do anything about it. my thought is the big fashion websites don’t crack down because it’s cheaper than paying for links or advertising. but dont quote me on that….
❤stylish t hought. i ❤creative commons. it’s an incredible resource
❤instant vintage.. taking your own photos is good for your soul.
❤tim, i don’t think there is any problems you might run into in regards to copy right, though a lot of stores don’t like photos. you’ll still have to run it though the powers that be to get photos.

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Swelle Denise
February 9, 2009 • 9:41 pm

Excellent and much needed post! Thanks for the resources.

I’m appalled at how many bloggers still use photos without credits or links!

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Sandra
February 9, 2009 • 10:58 pm

@Tim – usually retail images from online stores are public domain.

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Patricia
February 9, 2009 • 11:14 pm

I use images from other webpages but never claim they are my own and always source them back to the original creators, I have found that taking credit for other people’s work infringes copyright law but recognising their intellectual ownership is indicating you admit the images are not yours and people can go to the main source.

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MJ
February 9, 2009 • 11:47 pm

Thanks so much for posting this! I’m a brand new blogger so this information is incredibly helpful and very welcome .

Thanks again,
MJ

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Sonja
February 10, 2009 • 12:29 am

Fantastic article with lots of great info here! Knowing what photos can be used definitely gets confusing. I usually have a hard time deciphering the legalspeak in the licenses so thanks for the translation. Does a blog with ads on it count as “for commercial use”?

Wikimedia Commons also has some beautiful photos that can be used: http://commons.wikimedia.org/wiki/Main_Page. Just check each image for what kind of license or lack of license it has. BTW, LOVE your disclaimer!

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Winnie
February 10, 2009 • 2:40 am

This was so useful thank you! It is definitely much trickier to work out where and when you can use photos from certain sites. Linking is definitely the way to go if you’re not sure…

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lisa
February 10, 2009 • 2:49 am

Great post with a lot of useful info! I have to admit, in my early blogging days I was pretty haphazard with photo credits, but I’ve been a lot better with links back to the source websites and photo credits since.

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jihanemo
February 10, 2009 • 4:45 am

Thanks!

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ObsessionO
February 10, 2009 • 9:59 am

This is a great article. Good read. I really enjoyed it.

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Ashe Mischief
February 10, 2009 • 4:55 pm

Jennine, in regards to your question about how relevant copyright laws will be in the future:

Typically the main purpose of the law is to protect the work financially, to prevent others from making money off of one’s intellectual property. For bloggers, it doesn’t seem that our intent in using images is financial– yes, we may make money off our blogs, but not on the use of the images. We are not printing them, distributing them, or selling them– most of us are using them for social commentary. There are provisions that protect that (along with educational use, parody, etc.). Any single image makes up 1/100th of the whole content of the blog, if not significantly less.

In the future, it wouldn’t surprise me to see that if a blogger were taken to court over their use of an image, especially one that gave credit to the original creator, that a small blogger may not be penalized. It’s a tricky, TRICKY situation, one where the outcome could easily bounce both ways.

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Jenna
February 10, 2009 • 5:14 pm

Great post and right on time. I found this blog, http://www.photoattorney.com, which also answers a lot of questions about photo copyrights.

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starfashion
February 10, 2009 • 9:03 pm

oooh, this is great! I was just having this conversation with my blog partner. Thanks for the info!!

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Jennine
February 10, 2009 • 9:19 pm

❤ patricia…yes, and plus you can always tell if soemone is using someone else’s work
❤ sandra…really? i didn’t know that…sweet
❤ sonja…thanks..now i’m goign to be gone for a while
❤ ashe.. i’ve heard that too… though i’m wondering where you can draw the line between social commentary and just plain stealing images. it certaily can be argued either way…
❤ jenna…what an interesting blog….

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Patricia
February 11, 2009 • 1:39 am

This is truly a great post Jennine

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pr
February 11, 2009 • 2:34 am

this was a great read. and i was worned myself to name the source, in other words to credit the photographer. and i did.

what i mind is this: i think bloggers should be stronger. blog is independed media. we should say freely what we think, so in that order i think everyone should know what site is the one who asks and then sells.
also, if we keep quiet, we will not grow.

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MsUnreliable
February 11, 2009 • 8:57 am

Fantastic post! I recently asked a great photographer on Flickr if I was ok to feature her photos and she was so thankful that I asked! I had fallen into the trap that so long as I referenced the source of the image I was ok, but I’ll definitely be a little more careful from now on.

If some companies want to charge for their photos, I simply won’t blog about them. I’m not getting paid to market their work, so why should I be out of pocket to spread the word about their product?

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HH
February 12, 2009 • 1:51 am

What is this well known fashion site that charges? Could you tell us so we can avoid using their images?

Great tips, by the way. Still, perhaps the biggest problem is runway images. Most bloggers probably get them from Style.com or WWD which strictly speaking probably isn’t legal, but often they’re necessary for posts and you can’t always get them direct from the designers’ PR people.

It seems unlikely that a small-scale blogger would be dragged through the courts for image use (most likely they’d just receive a threatening letter/email from lawyers, telling them to remove the images), but I guess the risk is always there.

Personally I always tread carefully: my blog is totally non-commercial, and I always post the link to where the image came from. Also, I think about each image case-by-case. For example, I reckon Style.com are more likely to be angry if you lift an exclusive image or photo shoot from their site than if you use a runway picture which is not only featured on their site and which isn’t something they’ve invested time and effort into producing themselves.

It’s also interesting if, say, blog x has lifted an image from, say, WWD, then blog y lifts the image from blog x, attributing blog x as the source.. where would that leave blog y in terms of liabilities?

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Stephen Boyle
February 22, 2009 • 3:56 pm

As a fashion photographer and blogger that’s trying to make a living. It does become more than troublesome when people assume they have a right to the photos you’ve taken. Some designers and show coordinators even promise the models photos from the photographers attending without so much as consulting with us. An image with your likeness in it is NOT an implication that you own usage rights. Arrange it with the photographer.

Sadly it becomes so hollow of value that the last fashion show I attended I was considering not taking photos. So I took the not-so-pretty direction of plastering a big watermark on the photos advertising the website I run to network fashion talent locally. If a photo is digitally purchased it becomes available without the watermark. There are three digital sizes available – the smallest is plenty large enough for blogging, personal photos on Myspace/Facebook/etc.

I take photos for my website and others. However I find my photos on lots of social network platforms from people that have never contacted me. They latch onto the freely accessible and don’t look back – which is something I could report but I have to also look at publicity. Some photos on Flickr have been picked up for publication by sites that have contacted me and offered appropriate attribution since that is how my photos are licensed through Creative Commons.

Flyers for events becomes a different matter since most promoters would rather you PLEASE take their flyer and post it ANYWHERE.

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Viktoria
April 21, 2009 • 1:40 pm

Thanks for this information!
I have another question: What about press releases? I have a model-blog and there are several pictures on the net (i mostly even only need polaroids, so there is no real photographer that sells the picture) but I am really afraid to use them. A lot of modelagencies send news out with this polas- now it was my question if i could use them? In my country modelagencies aren’t used (yet) to be asked by bloggers to use a picture…and they hardly answer this questions… its quite frustrating On the other hand I always see at the fashionspot people posting pictures from others sites… its quite the same what i would do it and of course mentioning the agency…..

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SaffiyaScarlett
May 19, 2009 • 1:52 pm

Wow… thank you for this. Up until now, I have only done a couple of blogs using high-profile images, and they have always been credditted, and I’ve always footnoted that I will remove them in case of issues with it, but it seems that’s not enough… I’ll go link them up now, instead!

One place that’s great for images is deviantArt – http://www.deviantart.com. They make all artists state the law regarding their images beneath them, and if nothing is mentioned, you’re free to use them! As most artists there are amateur, they like it if you comment with a link, but otherwise you’re good to go!

(: xxx

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Vagabondnyc
June 10, 2009 • 2:34 pm

Just so everyone knows, we at VagaBondnyc.com love when people blog about our items and editorials and appreciate reading what kind of stance bloggers take with our products, it helps out our future buys immensely.

FEEL FREE to USE ANY & ALL IMAGES!!!

XoXo

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Eric
December 4, 2009 • 10:02 am

Hey thanks for this post….still is helping people 10 months after you published it.

I found the flickr info very useful and am looking to employ it on my site. Peace.

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Alissa
January 10, 2010 • 7:36 pm

What a great post for someone just starting a blog! I had many questions about this. Thank you!
Alissa´s last blog ..The Perfect White Shirt!

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chaitanya
February 8, 2010 • 1:02 pm

Nice post..

I always check twice to credit the photographer if I am not using stock images from istockimages. Even Creative Commons seems to be a very good option..

Thanks for the info..very useful

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