Images make websites clearer, more engaging and more credible. They can also create a long-term liability when nobody can show where an image came from or what permission was granted for its use.
The problem often appears years after a website was launched. A business receives an email alleging that a photograph was used without permission and asking for payment. The image may have been added by a former employee, a previous web agency or a freelancer. The original download, invoice and licence can no longer be found.
At that point, “we found it online” or “we did not know” is not a strong position. A better approach is to treat every website image as an asset with an owner, a source and a set of permitted uses.
Important: This article gives general practical information for UK businesses. It is not legal advice. Copyright disputes depend on their particular facts, so take advice from a qualified intellectual property professional if you receive a claim or are unsure about a proposed use.
The basic rule: online does not mean free to use
Copyright protection in the UK is generally automatic. A photographer or illustrator does not need to register an image, add a watermark or display a copyright symbol for protection to exist.
The UK Intellectual Property Office explains that images found online can generally be used only when copyright has expired, the intended use is covered by permission or a suitable licence, or a specific legal exception applies. Commercial website use will usually require permission.
Giving the creator a credit is good practice when the licence requires it, but a credit does not replace permission. Equally, cropping an image, changing its colours, placing text over it or reproducing only part of it does not automatically make the use lawful.
Common assumptions that put businesses at risk
“It appeared in a Google image search”
A search engine helps you find an image; it does not grant a licence to use it. The result normally points back to a website where the image is displayed, not necessarily to the copyright owner or the original source.
“There was no copyright notice”
The absence of a © symbol, a name or a watermark does not mean an image is free of copyright. Ownership information can also be lost when a file is copied, resized or uploaded through a website system.
“The image was described as royalty-free”
Royalty-free usually describes a type of licence. It does not necessarily mean no payment, no restrictions or unlimited use. The licence may restrict advertising, resale, audience size, social media use, modifications or use of recognisable people and property.
“Our designer or agency supplied it”
That may be perfectly legitimate, but the business should still obtain the source and licence record. Unless a contract says otherwise, commissioning an image does not necessarily transfer its copyright to the person who paid for it. The intended use should be written into the agreement.
“We removed it as soon as someone complained”
Removing a disputed image may stop continued display, but it does not prove that earlier use was authorised or automatically settle a claim about past use. Preserve the relevant records and take advice before responding substantively.
Safer ways to source website images
There is no single source that is right for every project. The important thing is to know why you are entitled to use each image.
- Create your own images. Photographs taken by the business can offer the clearest audit trail, subject to any rights relating to people, artwork, brands or private locations shown in them.
- Commission a photographer or illustrator. Use a written agreement covering ownership or licensing, the websites and channels where the work may appear, territories, duration, editing rights and any required credit.
- Use a reputable stock library. Keep the invoice, the exact licence terms that applied on the purchase date, the asset reference and a copy of the downloaded file.
- Use Creative Commons material carefully. Check the exact licence version. Some licences require attribution, prohibit commercial use or prevent adaptations. Keep evidence of the licence and source page as they appeared when you downloaded the image.
- Use public-domain or openly licensed collections. Confirm that the status applies in the UK and that the website providing the file is reliable. Also consider separate issues such as trade marks, privacy, publicity and cultural restrictions.
If you cannot identify the owner or establish a clear permission route, choose another image. The fact that an owner is difficult to find does not make the work free to use. The IPO operates an orphan works licensing scheme for some situations, but it requires a diligent search and a formal application.
Keep an image rights register
The most useful protection is often a simple record kept for as long as the image remains in use and for an appropriate period afterwards. A spreadsheet or shared document is enough if it is maintained consistently.
For every image, record:
- the filename and a thumbnail;
- every page or channel where it is used;
- the creator or supplier;
- the original source URL and asset reference;
- the date it was obtained;
- whether it was purchased, commissioned, supplied or openly licensed;
- the licence name and version;
- the permitted media, territory, duration and audience;
- attribution wording, if required;
- the invoice, receipt, contract, release and a saved copy of the licence terms;
- any expiry date or restriction that needs reviewing.
Do not rely only on a bookmark. Source pages and licence terms can change, suppliers can close and staff accounts can be removed. Save the evidence with the project records and make sure somebody in the business knows where it is.
Audit images already on your website
Older sites deserve particular attention because content is often carried through several redesigns without the original paperwork.
Start with high-visibility pages, blog posts, landing pages, downloadable PDFs and social media graphics. For each image, ask:
- Do we know who created it?
- Can we prove where it came from?
- Does the licence cover commercial website use?
- Does it cover all the ways we now use it?
- Is an attribution required, and is it displayed correctly?
- Does the image include identifiable people, artwork or branded property that may involve other permissions?
Replace images that cannot be verified. Keep a record of what was removed, where it appeared and when the change was made rather than simply deleting the file and its history.
If you receive a copyright claim
Do not ignore it, panic or make an immediate payment without checking it. A claim may be valid, mistaken, incomplete or fraudulent.
A sensible first response is to preserve the message, the relevant web page, the image file and your licensing records. Verify the identity of the claimant or their representative, identify the exact image and use being alleged, and check the dates and amount requested. Avoid making admissions while the facts are still being established.
If the claim appears credible, or the amount is significant, speak to a solicitor or other qualified intellectual property adviser. UK law can make civil remedies such as damages and injunctions available for copyright infringement, and the outcome depends on the evidence and circumstances. Taking an organised set of records to an adviser will make it much easier to assess the position.
A practical publishing checklist
Before a new image is published, confirm that:
- the source and owner are known;
- the intended commercial use is permitted;
- the licence covers the website, social and advertising uses you need;
- any attribution is complete and correctly placed;
- releases or additional permissions have been considered;
- the evidence is stored in the business’s image rights register;
- any time limit or renewal date has an owner and reminder.
This is not about making websites less visual. It is about making image choices that can still be explained and evidenced years later.
Useful official guidance
- Copyright notice: digital images, photographs and the internet — UK Intellectual Property Office
- Using somebody else’s intellectual property: copyright — GOV.UK
- How copyright protects your work — GOV.UK
- Find out if you need a licence to copy a creative work — GOV.UK
W.E.B.S Ltd can help businesses identify images used across an existing website, replace uncertain assets and put a practical rights-recording process in place. Where a specific dispute or legal interpretation is involved, we will always recommend obtaining specialist legal advice.