How to Learn About Online Photo Rights

Whether you want to protect the images you post online or you need to know if you can legally use another person's photo, understanding the rights attached to photo use online is essential. Copyrights, licenses to use images and other legal restrictions are all concerns that must be addressed when considering online photo rights.

Things You'll Need

• Computer with Internet access
• Attorney with copyright-law experience

Instructions

1. Look for images that have fallen into the realm of public domain if you wish to avoid paying licensing fees or violating copyright law when posting a photo online. The realm of public domain represents a group of information and media products considered part of a common cultural and intellectual heritage. An image in the public domain may be used generally by anyone, whether for commercial or non-commercial purposes.

2. Protect your copyrighted photo from falling into the public domain by maintaining your copyright registration. Many images that are considered public domain today were once copyrighted. Without proper registration, their copyright expires, at which time the copyright owner loses part or all of his or her legal rights to control the use of the images.

3. Protect your photo online from unapproved use by submitting a copyright application. You can find information about what can and can not be copyrighted at the United States Copyright Office Web site (see Resources below).

4. Understand how a photo may be used under the terms of fair use. Fair use is a doctrine found in U.S. copyright law. It allows for the limited use in certain circumstances of copyrighted material without permission from the rights-holders. The circumstances in which fair use apply include criticism, satire and utilizing the work for educational purposes without seeking profit.

5. Know that it is your right to charge a licensing fee for your copyrighted images online. Speak with an attorney who specializes in copyright law to determine how licensing contracts may be drawn up and to learn more about the legal limits of terms of use.

6. Learn about U.S. trademark law, which can protect the use of registered images and phrases, at the United States Patent and Trademark Office Web site (see Resources below).

Tips & Warnings

• Using an image under the terms of the fair use doctrine does not protect you from being sued for copyright infringement.