Image Use & Copyright
A guide to legally using art images found on the internet.
Can I use images that I find on the internet?
Generally, no. Copyright automatically protects images found on websites. Artists do not have to register their works in order to protect them and a copyright symbol or notice does not have to be included with an image in order for it to be protected.
However, you can use images that have passed into the public domain and you can use images if you obtain permission from the copyright owner.
You may also be able to use a work or portion of a work without permission for research, teaching, scholarship, comment, criticism, and news reporting. For more information see: US Copyright Office: Fair Use Information
Additional exceptions apply to educators: Exceptions for Instructors in U.S. Copyright Law
More information from the US Copyright Office about reproducing images for use within educational institutions for teaching and research and reproduction by librarians for archival purposes: Reproduction of Copyrighted Works by Educators and Librarians
How to determine if a work is in the public domain
| DATE OF WORK |
PROTECTED FROM |
TERM |
| Created 1-1-78 or after |
When work is fixed in tangible medium
of expression |
Life + 70 years1(or if
work of corporate authorship, the shorter of 95 years from publication,
or 120 years from creation2 |
| Published before 1923 |
In public domain |
None |
| Published from 1923 - 63 |
When published with notice3 |
28 years + could be renewed for 47
years, now extended by 20 years for a total renewal of 67 years. If not
so renewed, now in public domain |
| Published from 1964 - 77 |
When published with notice |
28 years for first term; now automatic
extension of 67 years for second term |
| Created before 1-1-78 but not published |
1-1-78, the effective date of the
1976 Act which eliminated common law copyright |
Life + 70 years or 12-31-2002, whichever
is greater |
Created before
1-1-78 but published between then and 12-31-2002 |
1-1-78, the effective date of the
1976 Act which eliminated common law copyright |
Life + 70 years or 12-31-2047 whichever
is greater |
1 Term of joint works is measured by life of the longest-lived author.
2 Works for hire, anonymous and pseudonymous works also have this term. 17 U.S.C. §
302(c).
3 Under the 1909 Act, works published without notice went into the public domain upon publication.
Works published without notice between 1-1-78 and 3-1-89, effective date of the Berne Convention Implementation Act, retained copyright only if efforts to correct the accidental omission of notice was made within five years, such as by placing notice on unsold copies. 17 U.S.C. § 405.
(Notes courtesy of Professor Tom Field, Franklin Pierce Law Center and Lolly Gasaway) Chart courtesy of Lolly Gasaway, University of North Carolina When U.S. Works Pass into the Public Domain
How to obtain image use permission from the copyright owner
Contact the copyright owner directly. Artists, museums, and other institutions often grant permission for image use including use in research, teaching, and commercial projects. A usage fee may or may not apply depending on the policies of the copyright owner and the type of use requested.
Can't find the copyright owner? Do a search at the US Copyright Office: Search Records
See also: Copyright for Artists A detailed guide to preventing and resolving copyright issues.
This document was created on November 12, 2009. The above information is believed to be correct, however it was not prepared by a lawyer, it is not legal advice, it may be out of date, and if you are outside of the U.S. some of this information may not apply to your situation. If you want to be certain that the information you have is correct and applies to your situation then you must consult an attorney.
