Before using an image you found online, confirm that you have permission, a license that covers your use, a verified public-domain basis, or a legal exception that applies. Finding an image through Google or seeing it on a website does not grant permission. This guide focuses on U.S. copyright law; laws and exceptions differ by country, and image use can also raise privacy, publicity, trademark, or other rights issues.
Start by checking the exact image and your exact use
In the United States, original photographs and graphic art can be protected by copyright. Copyright generally arises when qualifying original work is fixed; registration is not what creates the initial protection. The U.S. Copyright Office identifies reproduction and public display—including displaying visual works online—as rights held by the copyright owner. That means uploading an image to a website, blog, store, social account, or presentation can require a rights basis even when the image is easy to download.
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For each image, identify the specific file and the use you have in mind. A license that permits editorial use, for example, may not permit an advertisement; a license may also restrict cropping, alteration, or redistribution. Do not assume the person pictured owns the photograph, or that the website hosting it owns the rights.
- Identify the asset. Record the image itself, its source page, and any creator or rights-holder information. Search results and reposts can omit or misstate the original rights information.
- Find the rights statement for that image. Check the asset’s own license or rights information rather than relying only on a search filter, a site’s general description, or a caption on a repost.
- Match the terms to your plan. Check commercial use, adaptation or cropping, attribution, permitted media, territory, duration, and other stated restrictions.
- Check other rights. A copyright license may not clear recognizable people, trademarks, artwork, or other third-party material shown in the image.
- Keep a record. Save the image URL, rights statement and license version, required credit, permission correspondence, and date checked. A screenshot of the relevant rights information may help document what you saw, but it is not a license and does not establish that the licensor had authority to grant one.
- Choose a supported route. If you cannot establish a usable license, public-domain status, or applicable exception, seek permission or choose another image.
Choose a rights basis that actually covers the use
| Route | What to verify | Important limit |
|---|---|---|
| Direct permission or paid license | Who has authority to grant it; permitted use, media, commercial use, modifications, attribution, and any stated territory or duration. | The permission grants only the scope stated. Keep the terms and written record. |
| Creative Commons license | The exact license and version attached to the individual work, its attribution terms, and whether it allows commercial use and adaptations. | A CC license does not guarantee the licensor owns the work or clear third-party content and model rights. |
| Public-domain work | Why this particular work is in the public domain under the law that applies to the use. | Do not infer public-domain status from the website hosting it or from the apparent age of the image. |
| Fair use or another legal exception | The relevant jurisdiction and the facts and context of the particular use. | There is no universal percentage or pixel-size shortcut; the analysis is fact-specific. |
| Newly created or commissioned image | The contract’s ownership and license terms, plus any separate rights in people or third-party material depicted. | Paying for a photograph does not automatically transfer its copyright. |
Images from Google, social media, and other websites
Can you use an image just because Google shows it? No. A search engine helps locate images; a result or usage-rights filter is not itself a license or proof that the listed rights information is accurate. Follow the result back to the specific asset, identify the rights holder or licensing source, and verify the terms there.
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The same rule applies to an image embedded in a blog post, shared on social media, or downloadable without a paywall. Online availability is not permission. The image may be licensed, in the public domain, or usable under an exception—but establish which basis applies before you reuse it.
Do not treat credit as a substitute for permission. Credit may be required by a license, but attribution by itself does not authorize a use that otherwise lacks a rights basis. Nor does describing an image as “found online” or “for educational purposes” settle the issue.
Creative Commons: read the particular license
Creative Commons licenses are real copyright licenses with different conditions, not a single blanket permission. Check the license attached to the exact work and follow that license rather than applying a generic “CC” rule. Some licenses restrict commercial use or adaptations, while others allow them subject to terms.
Attribution requirements depend on the license. For example, the CC BY 3.0 US deed describes attribution information that may include the creator and attribution parties, a copyright notice, a license notice, a disclaimer notice, and a link to the material. Do not assume that the same checklist applies to every Creative Commons license or version; use the terms for the one on the image.
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Creative Commons also cautions that its licenses grant only copyright and similar rights within their scope. They do not warrant that the person applying a license owns the image, cleared third-party material, or obtained model releases. If an image includes people, logos, artwork, or other protected elements, check whether separate permission is needed for your use.
Fair use has no safe percentage
The U.S. Copyright Office says: “There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work.” The point applies to image reuse too: there is no general rule that using a small crop, low-resolution file, or a fixed fraction makes the use fair.
Fair use depends on the circumstances. Commentary, criticism, news reporting, and scholarly reports are examples of purposes named in the law, not automatic guarantees that every image used for those purposes is fair. Consider the actual context and use rather than relying on a label such as “noncommercial,” “educational,” or “with credit.” Ultimately, only a federal court can determine whether a particular use is fair use. If the image matters to a valuable campaign or the risk is material, obtain permission or qualified legal advice instead of treating fair use as a quick clearance.
Public-domain and government-hosted images
For U.S. works, the Copyright Office states that works published in the United States before January 1, 1931 are currently in the public domain because copyright protection has expired. This date-specific rule is not a universal shortcut: publication location, later publication dates, other facts, and the law in other countries can change the analysis. Verify the status of the particular work.
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A government website is not proof that every image on it is free to reuse. USAGov cautions that federal websites may include third-party material or otherwise protected content; federal marks and agency logos also have separate restrictions. Read the rights information for the individual asset and check the relevant agency’s guidance.
The Copyright Office also notes that it usually does not own rights in Library of Congress collection materials and does not grant or deny permission for most of them. Users need to assess the rights information and obtain any necessary permission independently. A collection page or government host does not, on its own, settle the rights question.
Who owns a commissioned photograph?
Do not assume that commissioning or paying for a photo shoot transfers copyright. The U.S. Copyright Office says the photographer generally owns copyright in a commissioned photograph unless the rights are transferred in a signed writing; work-made-for-hire rules may apply in defined circumstances. The subject of a photograph generally does not own its copyright merely because they are pictured.
Read the contract for ownership, license scope, permitted uses, and any limits on edits or sublicensing. A separate agreement may be needed for recognizable people or third-party material in the image. For a business shoot, make these terms explicit before the images are delivered, especially if you expect to use them in advertising or distribute them to partners.
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Keep a practical image-rights record
A compact record makes it easier to show why you believed you could use an image and to check the terms again when the use changes. Keep one entry per asset with:
- the image file or stable image URL and the page where you found it;
- the named creator or rights holder, if stated;
- the license or permission text, including version and date checked;
- the permitted use and any conditions, such as credit wording, limits on commercial use, or adaptation restrictions;
- permission emails or signed contract terms; and
- the specific project, page, or campaign in which you use the image.
Keep the record with the project rather than relying on a search result you may not be able to find again. If a license page later changes, the saved terms and date help explain what you relied on; they do not expand the original permission or guarantee that it was valid.
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If you are collecting a record of an image’s source or rights statement, you can capture the page with ScreenshotNeo. A page screenshot can help preserve what the page displayed, but it does not grant image rights or decide whether reuse is lawful. ScreenshotNeo is a website screenshot API; its clean-shot options accept consent banners and remove more than 60 known consent platforms, newsletter popups, and chat widgets before capture, and each step can be turned off. Bot checks, blank pages, timeouts, and failed loads are not billed; cache hits are not billed either. It also has an MCP server for AI agents, with tools including take_screenshot, get_page_info, and capture_pdf.
One GET request can return an image or PDF. See the ScreenshotNeo API documentation for parameters and response details.
cURL:
curl -G "https://api.screenshotneo.com/v1/shot" -d access_key=YOUR_API_KEY --data-urlencode url=https://stripe.com -o shot.webpPython:
import requests
r = requests.get("https://api.screenshotneo.com/v1/shot", params={"access_key": "YOUR_API_KEY", "url": "https://stripe.com"}, timeout=90)
open("shot.webp", "wb").write(r.content)Node.js:
const q = new URLSearchParams({ access_key: 'YOUR_API_KEY', url: 'https://stripe.com' });
const res = await fetch(`https://api.screenshotneo.com/v1/shot?${q}`);Free includes 1,000 screenshots a month with no card; paid plans start at $5 for 3,000. Sign up for ScreenshotNeo free.
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Common image-rights mistakes and how to fix them
- “I found it on Google, so it is free.” Go to the original asset and verify its license or permission. A search result is not rights clearance.
- “I gave credit, so I can use it.” Check whether you have a rights basis first; add the required credit only if the license or permission calls for it.
- “It is only a small crop.” There is no general image-size or percentage safe harbor for fair use. Assess the facts or choose a licensed alternative.
- “It says Creative Commons, so commercial use is fine.” Read the exact license and its conditions, including commercial-use and adaptation terms; check for third-party rights too.
- “It is on a federal website, so it is public domain.” Inspect the asset-specific rights information and agency guidance; the site may host third-party material, and marks and logos have separate restrictions.
- “I paid the photographer, so my company owns the image.” Review the signed transfer or license and any applicable work-made-for-hire terms. If the contract is silent or unclear, get the rights clarified before reuse.
- “The license covers every use forever.” Compare its scope to the actual project, edits, channels, territory, duration, and audience. Ask for permission or select a different asset if the terms do not cover the planned use.
When to pause and get permission
Do not publish an image if you cannot identify a plausible rights basis and the proposed use is not clearly within it. This is especially important for high-value advertising, disputed ownership, or a use that depends on a legal exception. Seek permission from the rights holder, choose an image with terms that fit, or consult a qualified copyright attorney. This guide is general U.S.-centered information, not a legal determination about a particular image or use.
Frequently Asked Questions
Does a ScreenshotNeo capture prove that I have image permission?
No. It records page content, not the legal authority to reuse an image. Keep the image-specific license or permission and check that it covers your use.
Does U.S. copyright guidance automatically apply to a website aimed at other countries?
No. Copyright exceptions, terms, and related rights vary by jurisdiction. For a cross-border publication, check the relevant laws and the scope of the license or permission.
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