Image copyright and licensing

Images are everywhere online, and it's tempting to assume that anything you can see and download is free to use. It isn't. In Australia, as in most countries, photographs, illustrations, graphics and other images are protected by copyright from the moment they are created. Using someone else's image without permission can lead to takedown notices, invoices for licence fees and, in serious cases, legal action.

This guide explains how copyright applies to images in Australia, the main exceptions, how open licences such as Creative Commons work, and how to credit images correctly. It is general information, not legal advice.

How copyright works

Copyright in Australia is governed by the Copyright Act 1968. It protects original works, including artistic works such as photographs, drawings and paintings, as well as literary, dramatic and musical works, films and sound recordings. Protection is automatic: there's no need to register, publish or use the © symbol, though the symbol is a useful reminder.

The copyright owner has exclusive rights, including the right to reproduce the work, publish it and communicate it to the public, which includes posting it online. Copying an image onto your website or social media without permission or a licence will usually infringe those rights, even if you credit the creator, even if you found it on a public website and even if you aren't making money from it.

Who owns copyright?

Generally, the creator of a work is the first owner of copyright. For photographs, this is usually the photographer. There are exceptions. Work created by employees in the course of their employment is generally owned by the employer, unless an agreement says otherwise, and special rules apply to some commissioned photographs and government works. Copyright can be assigned or licensed in writing. If you commission photos or designs, agree in writing who owns copyright and how you can use the work.

How long copyright lasts

For most works by known creators, copyright generally lasts for the life of the creator plus 70 years. The rules for older works are complex, because they depend on the law at the time. Works whose copyright has expired are in the public domain and can be used freely, although you should check carefully before relying on this.

Exceptions: fair dealing

Australia doesn't have a broad "fair use" exception like the United States. Instead, the Copyright Act allows fair dealing for specific purposes, including research or study; criticism or review; parody or satire; reporting news; giving professional legal advice; and access by people with disability. The use must be genuinely for that purpose and fair in the circumstances. Using an image to decorate a blog post or promote a business is unlikely to be fair dealing.

Moral rights

Creators also have moral rights, which can't be sold. These include the right to be attributed as the creator, the right not to have their work falsely attributed, and the right of integrity, which protects against derogatory treatment of the work that harms the creator's reputation. Crediting creators and avoiding distorting their work helps respect these rights.

Where to find images you can use

Your own photos. Taking your own photos is often the simplest option, though if they show identifiable people, artworks or buildings, other considerations may apply.

Commissioned work. Hire a photographer or designer, with a written agreement about ownership and usage.

Stock photo libraries. Paid and free stock libraries license images on set terms. Read the licence: some prohibit certain uses, such as in logos, on products for sale, or in sensitive contexts, and editorial-only images can't be used to promote products.

Creative Commons and open licences. Millions of images are available under Creative Commons licences, including on Wikimedia Commons and Flickr. You can use them free of charge if you follow the licence conditions.

Public domain. Works whose copyright has expired, and works dedicated to the public domain using tools such as CC0, can be used without restriction.

Government and cultural institutions. Many libraries, museums and government agencies release images under open licences. Check each item's licence.

Creative Commons licences

Creative Commons provides free, standardised licences that creators can apply to their work. All of them require attribution, except the CC0 public domain dedication. The licence elements are:

• BY (Attribution): credit the creator.
• SA (ShareAlike): share adaptations under the same licence.
• NC (NonCommercial): no commercial use.
• ND (NoDerivatives): no adaptations, such as cropping heavily or editing.

These combine into six licences, from CC BY, the most permissive, to CC BY-NC-ND, the most restrictive. Business websites and marketing generally shouldn't use NC-licensed images, and ND images can't be adapted.

How to credit images

A good credit follows the TASL approach recommended by Creative Commons:

• Title of the work (where known);
• Author, as they wish to be credited;
• Source, with a link to the original;
• Licence, with a link to the licence deed.

For example: "Microphones in a podcast studio by Myotus, via Wikimedia Commons, CC BY 4.0." Also note if you've modified the image, such as "cropped". Place credits near the image or on a dedicated credits page that is easy to find. We list every image on our image credits page.

People and places in photos

Copyright is not the only consideration. Using a recognisable person's image in advertising without consent can raise issues under consumer law if it suggests endorsement, as well as potential privacy and defamation concerns. Get signed releases from people in images used commercially, and parental consent for children. Some locations restrict commercial photography. Images of Aboriginal and Torres Strait Islander people, sacred sites and cultural material require particular respect: seek permission and follow community protocols.

Fonts, logos and screenshots

Fonts are software and come with licences that may restrict use. Logos are often protected by trade marks as well as copyright. Screenshots of websites, apps and video can contain copyright material, though some uses may fall within fair dealing, such as criticism or review.

If you've used an image without permission

If you receive a complaint or invoice, don't ignore it. Remove the image if you don't have rights, check whether the claim is genuine and consider getting advice. Keep records of licences for every image you use, including screenshots of licence pages, so you can show your right to use them.

Common mistakes

• Assuming crediting the photographer makes use legal.
• Copying images from search results.
• Using NonCommercial images on business sites.
• Ignoring the terms of free stock licences.
• Using people's photos in ads without consent.
• Keeping no record of image licences.

Key points

Copyright in Australia is automatic and generally lasts for the creator's life plus 70 years. Australia has fair dealing, not fair use. Use your own, commissioned, licensed, Creative Commons or public domain images, follow licence conditions, credit using title, author, source and licence, and keep records.