Photos on Your Website: Your Own, Stock and Licences

Photos are protected automatically

The UK government's guide to how copyright protects your work says "you get copyright protection automatically - you do not have to apply or pay a fee", and lists "illustration and photography" among the protected works. Its page on how long copyright lasts gives "70 years after the author's death" for artistic works.

The US Copyright Office's general FAQ says the same for the United States: a work is protected "the moment it is created and fixed in a tangible form", and "in general, registration is voluntary".

Images found online

The UK Intellectual Property Office (IPO) published a copyright notice on digital images and the internet "aimed at small businesses and individuals who may wish to use digital or photographic images on the web". Its main points:

• "The vast majority of images on the internet are likely to be protected by copyright."
• No © symbol or name does not mean an image is free: "the copyright symbol does not have to be present for copyright to exist".
• Metadata inside an image can name the owner, and "deliberate removal of metadata that identifies the copyright owner is unlawful".
• "The use of licensed images is usually much safer than using unlicensed images."

In practice: do not copy images from search results, competitors' sites or social media. Use your own, buy a licence, or use an image whose licence you have read.

Photos you take or commission

Your own photos are the safest choice. The IPO notice says that if you created the images yourself, "you are generally free to use them as you wish", with exceptions, for example:

• images an employee creates "during the course of your employment" generally belong to the employer;
• a photo of a copyright work, such as a modern painting, "could result in your photo itself being an infringement".

When you hire a freelance photographer, the IPO notice says "the person who creates an image" will generally be the first owner of the copyright. The photographer can license the photos to you or assign the copyright, and the government's page on licensing and selling copyright says a sale or transfer needs a written, signed document, "sometimes called an 'assignment'".

US law is similar. The Copyright Office's Works Made for Hire circular explains that a commissioned work belongs to the client only if it falls into one of nine listed categories and "the parties expressly agree in a written instrument signed by them". Its Copyright Basics circular adds that a transfer "generally must be made in writing and signed", and that owning a copy "does not give the owner of that copy" the copyright.

Having the files is not the same as owning the rights. Before a shoot, agree in writing where the photos may be used (website, social media, print, ads), for how long, and whether you can edit them.

Stock photo licences

A stock library sells you a licence, not the photo. The iStock content licence agreement is a typical example. Its rights are:

• "Perpetual", with "no expiration or end date" for content downloaded during the agreement;
• "Non‑exclusive", so competitors may use the same photo;
• "Non‑transferable", with an exception when "purchasing on behalf of your employer or client", in which case the client can use the content.

Limits are common. Adobe Stock's licence terms say the Standard licence allows "up to 500,000 copies" of an asset, with an Extended licence for more and for products for resale. Watch for two labels in particular:

• "Editorial Use Only". Adobe says these images "may not be used for commercial purposes such as advertisements, promotions, endorsements, advertorials, commercial blogs". iStock says such content "is not model or property released".
• Sensitive subjects. iStock says that if you show models next to an "unflattering or unduly controversial" subject, you must state that the content is "for illustrative purposes only" and that the person "is a model".

The IPO notice adds that a picture library "can set terms and conditions of use" by contract, even for images "which are out of copyright".

Free and Creative Commons images

"Free" images still come with a licence. Creative Commons licences are common. The CC BY 4.0 licence lets you use and adapt material "for any purpose, even commercially", but you "must give appropriate credit, provide a link to the license, and indicate if changes were made". Some Creative Commons licences exclude commercial use, so check which one applies.

Creative Commons also warns that a licence "may not give you all of the permissions necessary", because "publicity, privacy, or moral rights may limit how you use the material".

People and property in photos

A model release is a written permission from a person in a photo; a property release covers recognisable private property or artworks. iStock's licence promises, for content not marked editorial, that "all necessary model and/or property releases" have been obtained for the uses it allows.

For your own photos, do the same: ask staff, customers and anyone else recognisable for written permission, say where the photo will appear, and keep the signed form. Photos of identifiable people can be personal data; our guide to website privacy basics covers the wider rules.

Alt text

Whatever the source, each image also needs a text alternative for people who cannot see it. WCAG success criterion 1.1.1 Non-text Content asks for text alternatives so that, for example, "people who cannot see a picture can have the text alternative read aloud", while pure decoration should be marked so assistive technology can ignore it. Our guide to website image optimization explains alt text by image type, along with file sizes and formats.

Keeping licence records

Keep a simple register, one row per image:

• file name and the pages where it is used;
• source: your own, the photographer's name, or the library and image ID;
• licence type, date, the account it was bought under, and a saved copy of the licence or invoice;
• any limits: editorial only, credit required, print runs, end dates;
• releases for people or property, and where the signed forms are kept.

If an agency or freelancer buys images for you, ask for the licences to be in your business's name or for one covering you as their client, and get the records at handover. Our guide to what you should own covers licences alongside the other accounts and brand assets covers keeping image files in one place.

If you receive a claim

The IPO notice describes what can happen after an infringement: the user "may be asked to purchase a licence", or the owner may go to court, where costs "may amount to more than the cost of a licence". The user could also be asked to "take down and permanently remove all copies of the image".

If a claim arrives, check your register first. If you have a licence, send it. If you do not, remove the image and take legal advice before you agree to pay. The IPO notice also mentions its mediation service for disputes.

A checklist

• No image on the site was copied from search results, social media or another website.
• Commissioned photos come with a written licence or assignment covering your uses.
• Each stock image has a saved licence and is not marked editorial only.
• Free and Creative Commons images meet their licence terms, including credits.
• Recognisable people have signed releases, kept on file.
• Informative images have useful alt text; decorative ones are marked as decorative.
• A licence register exists, held by the business, and is updated with each new image.

Frequently asked questions

Can I use a photo from Google Images on my website?

Not without permission. The UK Intellectual Property Office says the vast majority of images online are likely to be protected by copyright, even without a © symbol. Use your own photos, a licensed stock image or one whose licence allows your use.

Do I own the photos a photographer took for my business?

Not automatically. The photographer is generally the first copyright owner. You get the rights through a licence or a written, signed assignment, so agree in writing where you may use the photos before the shoot.

Can I use a stock photo forever?

Often yes, but check the licence. iStock's licence, for example, is perpetual and non-exclusive, while other libraries set limits such as print runs. Images marked Editorial Use Only cannot be used to promote a business.

Do I need to credit Creative Commons photos?

Yes for licences such as CC BY 4.0, which require appropriate credit, a link to the licence and a note of any changes. Some Creative Commons licences also exclude commercial use.

What should I keep as proof of a licence?

A register listing each image, its source, licence type, purchase date and account, any limits, and releases for people in it, plus saved copies of the licences or invoices.

Planning a new website? Whoever builds it, the domain and your content should always be in your name, and our projects end with a short handover so your team can edit content. See our website development service and all our services, or email [email protected].