Are the Stock Photos on Your Website Legal?

Did you know? Some people believe that any photos you find on Google are public domain. They think they can download and use these photos in any way they'd like... sometimes even going as far as selling those photos to other people as a package collection, or as website graphics and artwork. And this practice has devastated many small and online businesses in the last few years.

If you are found to be using photos on your website illegally, you can and will be sued. It doesn't matter who or where you got the photos from either, it matters that you're using them without the proper license. And "I didn't know" is unfortunately not acceptable as a legal argument.

So let's look at some common sense ways to protect yourself, your family, and your business...

First and foremost, you need to know exactly where your images came from. While there is such a thing as public domain photos, these are rare. In most cases the copyrights and ownership of pictures is retained by the original photographer.

1. Downloading - If you simply downloaded photos yourself from around the web, this is most likely bound to get you into a lot of trouble. You need to double and triple check that you legally have the right to use the photos you've downloaded, and keep a "paper trail" of where you obtained them and what the legal use license is for them. This way if anyone asks you in the future where you obtained your pictures, you'll have the documentation of proof.

The problem with this of course, is that you could inadvertently download photos from a website which says you're allowed to, only to find out later that they didn't own those photos and were not legally allowed to let you have them.

So the safest route is always: Ask first. If there is no indication on the website as to who actually took the photos originally, then there is no guarantee the person distributing them is doing so legally. If there is any doubt of any kind, play it safe and don't use those particular photos.

2. Purchasing From Individuals - If you purchased pictures from an online seller, you need to know where they got the images from. They are not likely able to sell those photos to you legally unless they actually took the photos themselves.

If the seller tells you they licensed the photos from one or more stock photography sites, then you may or may not be using them legally. You see, many people license photos legally from stock photography agencies and websites, but then they turn around and try to sell or license those photos to other people. And that is not legal. So if you buy photos that have been collected in this manner, you are still legally liable for using them because you did not obtain the proper license.

There is an option at some stock photography sites, which allows people to purchase a special license that would legally allow them to create products from those photos, and sell the products. These licenses normally cost a minimum of $20 though, so it's prudent to do a bit of math. If someone is selling a CD or download package with 1000 high quality stock photos, they would have had to spend a minimum of $20,000 just to get the proper licenses in the first place. How likely do you think it is that someone spend that much money on photos that they then try to sell for $10 bucks?

You also need to be aware that only a few stock photo agencies have licensing which actually allows this type of usage in the first place, and not every photo available at those sites is available under that extended license plan.

3. Purchasing Website Templates - One of the most common ways small businesses get into a lot of trouble with stock photos, is through the purchase of ready-made website templates, graphics, and headers. The same issues noted above come into play here too: Someone downloads photos from around the web, or they buy general licenses through legitimate agencies, then they use those photos to create graphics which they sell to other people.

The problems are the same of course. If they downloaded the photos then they're most likely stolen, and if they licensed the photos from a legitimate agency, they are not likely to have purchased the proper license which allows them to legally sell the graphics to you.

There is a lot more to cover on this topic, but in summary here are some of the basic warning signs that you could be in legal trouble if you buy stock photos or products made with stock photos:

1. Products or Packages which include hundreds or thousands of photos.

2. Products or packages which include high resolution photo files.

3. Products or packages which include very high quality, professional studio style photos.

4. Products or packages which include photos of people.

Note: I am not a lawyer and nothing in this article should be considered professional legal advice.