This blog post is going to be a little different – rather that sharing my photos or tips to help you take better photos, I’m writing about copyright infringement and a disturbing new trend I’m seeing where people who are trying to do the right thing when it comes to using photos on their websites are getting caught because of the actions of others. I want to make all of you aware of what I’m seeing so that you don’t get caught in a similar situation.

For years, I’ve had problems with people taking my photographs from my website and blog and using them without my permission on websites and products. When I find someone using my photos without permission, I  do contact people to resolve the issue.

Purple Pansies © 2016 Patty Hankins

In the past week, I’ve spoken with two people using my photos on Etsy – and both said they found my photos in online stock photo libraries that claim the images are in the public domain and can be freely used. The problem is – the photos are being placed in these libraries without my permission. So anyone using the photos violates my copyright. Under U.S. Copyright law, the penalties for unauthorized use of a copyrighted image can be up to $ 150,000 plus legal costs for each unauthorized use.

Both of these Etsy sellers respect photographers’ copyrights and know that if they want to use a photograph they need to either license it from the copyright holder or use a photograph in the public domain. They choose to use an image that was offered as being in the public domain. The problem is – it wasn’t – and they unknowingly violated my copyright, and have had to compensate me for their unauthorized use of my photos.

Cineraria Sunsenerba © 2016 Patty Hankins

So – what can you do to protect yourself from landing in a similar situation?

Avoid online libraries that claim the images they offer are in the public domain unless you are sure the images really are in the public domain. There are many images that are in the public domain that you can freely use on your websites and on products. And there are reputable sites that do offer these images. The problem is there are also a growing number of sites that contain copyrighted images that aren’t in the public domain despite claims that they are. If you are going to use an image in the public domain – just make sure it really is.

Use your own photos. When you take a photo, you hold the copyright to it so you can use it without worrying about licensing it from anyone else.

Always license the photos you use on your website, blog and newsletters. There are several stock photo agencies where you can license a photo for web use for just a few dollars. Or if you see something on a photographer’s website – contact the photographer directly about licensing the photo.

Have all licenses in your name. When you open an account with a stock agency be sure to do it yourself rather than have your VA or web designer do it. That way if you change VAs or designers you still have the records showing that you licensed the photo for your site.

Understand the terms of the license.  Terms of photo licenses vary depending on where you license them from so be sure to read and understand the terms of the license before you use the photo. If the license you have is for one-time use of an image, and you use it multiple times the copyright holder can come after you for the additional uses.

Keep good records of all photo licenses. Photographers and stock agencies make mistakes. So if someone accuses you of infringing on their copyright and you can show that you have license to use the photo and that you have followed the terms of the license, then you can show that you are not guilty of copyright infringement.

I hope this info keeps any of you from ending up in the same situation the two Etsy sellers found themselves in. Please feel free to share this info with your friends and families – because I’m sure most photographers are like me – we’re much rather be out photographing that dealing with cases of copyright infringement.

And if you’re trying to figure out what the photos in the blog post have to do with copyright infringement – the answer is nothing. I just didn’t want to post something without any photos in it.