(Re)using images from the Internet

29 May 2020 Laatste update: 17 November 2021 This is how

Suppose you are writing a blog post and are looking for an image to brighten up the blog. Of course, it is easy to quickly search for an image on the Internet (e.g. via Google) and add it to your blog. This also happens regularly, but is still not recommended. This is because the image may be copyrighted and its use may result in the payment of substantial damages.

An image on the Internet (for example, Google) will almost always qualify as a copyrighted work within the meaning of the Copyright Act. This is because the threshold for copyright protection is quite low. All that is required is that the image is original and thus constitutes the creator's own intellectual creation. So it is best to assume that an image is copyrightable.

If an image qualifies as a copyrighted work, that means the image may not be reproduced or disclosed without the creator's permission.

Common arguments used to justify the use of other people's images are:

"It's a beautiful image and now more people can enjoy it. That benefits the creator." However, it is up to the creator whether to give permission for this or not.
"I didn't know I wasn't allowed to reproduce the image." Nor is this required for copyright infringement. Even without knowledge, you are liable for damages.
"I also already saw the image on another website." This too is not a valid reason. After all, you don't know whether the creator may have given permission for that. Moreover, it is irrelevant whether others may also be infringing copyright, that does not diminish your own responsibility.
"It's a very simple image, it's not protected, is it?" Even a simple image can be copyrighted. The threshold for protection is quite low.
"My blog attracts few visitors and is just a hobby." Again, this doesn't matter. The image can be found on your blog and is thus made public. The fact that you have no profit motive does not matter then.
"There is no copyright notice at (©)". The placement of this sign is not required and so the presence or absence of the sign is irrelevant.

So how can you use images from the Internet?

Use images from copyright-free image databases such as Getty Images or Shutterstock. Be careful with this, because the terms and conditions of these parties often describe what you can and cannot use the images for.
Check if the image is offered under a creative commons license. These conditions describe whether a fee is due, whether the name of the author must be mentioned and whether you can "share equally". The latter means that others may make a derived image from that image, as long as they grant the same license to others for that image.
Consider what the image is intended for. Is it for decoration or is it meant as a quotation? For example, if the text is about the specific image, then there is a functional relationship between the text and that particular image. In that case, you may copy the image, but you should also cite the source. But beware, an image will not easily be considered a quote.
Create your own image. This saves a lot of research and you know there is no copyright infringement. Even better, you then become the copyright owner yourself (or your employer if you are employed and it is part of your duties to create this kind of content).

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