Web Graphics and Images: Copyright Protected, Royalty Free, Public Domain

There's a lot of people in the world today who believe that if you find an image on a website, it's fair game to just right click it and save it and use it for whatever you want to use it for. I've heard people say and even seen people write that if it's on the internet, it's considered 'public domain'. Well, apparently, these folks don't understand what public domain means, because many of these images people are using are actually copyright protected, and they are being used in violation with us copyright law.So why don't we talk about what each of these items-copyright protect, royalty free, and public domain-actually mean.

Copyright Protected Images

United States, and for the most part, international copyright law states that once any document, writing, image, or drawing, or sound recording or software is put into tangible form, it has an automatic copyright protection to the person who created it. In addition, the creator can then also register the tangible item with the copyright office in order to provide extra protection and affix a date of creation against the item.

Now, even if the creator of a tangible item does not register the copyright, if he or she is the one who created it, upon creation, they have an automatic copyright on the item, and thus, use of the item is protected by copyright law.

What this means is that anyone other than the creator, or someone the creator sells their rights to, cannot use the image on another website without the express permission of the creator or the person to whom the creator has assigned the rights.

Now, this being said, some websites or graphics artists or photographers will often provide their images to be used on website, with instructions on how to use them. For example, you can often find fun animated .gif files to add moving images to your personal website, as long as you give credit to the creator and / or provide a link back to their website. It's important to read the instructions the creator gives on what permissible use is, because, while many image creators will allow you to use their images for your own personal use, with credit for their work, most have a statement that says you cannot use them on commercial sites, or any site where someone stands to potentially profit from the use of their images.

Your best bet is to not use any graphic or image where you cannot find the instructions for how to properly give credit to the creator, or where there is no copyright notice available for you to review. To use a copyrighted photograph or image is against the law, and if you receive any monetary gain from the use of the image or photo, and you get caught doing it, you might have to pay the person who holds the rights to the image or graphic damages and profit from the use of the photo or image.

That's why many people prefer public domain or royalty free photos and images to that of just copyrighted images. So what's the difference?

Royalty Free

Okay, simply put, a royalty is where the creator receives a payment for a percentage of the amount earned on the sale of the item they created. This means that every time that item is used or sold, the creator will receive a payment. Royalty free images and graphics basically means that the creator will not receive payment each time the graphic or image is used, but that doesn't mean that these items are free for you to grab and put on your website or articles.

Most royalty free images require you to pay a one time license fee. This fee is a lump sum payment, and then usually provides unlimited use of the item you purchases. Sometimes you can purchase exclusive licenses, which mean only you and the creator can ever use the photo, image or graphic until the time that the license expires. Other licenses are not exclusive, which means other people can purchase licenses to use the same photo, image or graphic.

Royalty free does not mean free to use for anything you want, and in fact, it doesn't mean free to you at all - it means the creator doesn't receive royalties on a per use or per sale basis.

Public Domain

This is one of the most misunderstood terms on the internet today. Public domain actually does mean that the item in question is not protected under copyright law. It is true that if something is in the 'public domain' category that it can be used however and for whatever you want to use it because it is either unable to be copyrighted, the copyright has expired, or it is impossible to know who the creator is. For example, most jokes that are passed around the internet are public domain because it would be impossible to know who originally wrote the joke, unless it appeared specifically in a copyrighted publication of some sort.

Copyrights do expire, but for graphics images, the internet hasn't been around long enough for the copyrights to expire. Photographs, however, might have been around long enough, but when affixed to a website or article, the photograph might end up being copyrighted as part of the complete work.

Okay, so what can't be copyrighted? Government publications, photographs, images, and such. For whatever reason, government creations such as this cannot be copyrighted, which means you can use these images for your articles and website, though it's still proper to cite the source whenever possible.

So when looking for free graphics and images, your best and safest bet legally is to use public domain images and graphics, because these won't cost you any money and you don't have to worry about violating copyright law. Remember though, just because it's on the internet doesn't mean it is 'public domain.' Always check for copyright usage instructions and never assume something is public domain.

So there you have it - copyrighted material can be used only with the permission of the creator or the person who holds the rights, and it may be free or cost to use it - royalty free means the creator doesn't receive a per use or per view fee for the item they created, but it doesn't mean it's free, because you usually have to buy a license to use it - and public domain, which is free to use and distribute, provided you are certain it is public domain.

Good luck with your image hunting, and if you have any questions, you can visit the United States Copyright Office's website at: http://www.copyright.gov/