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How To Avoid Copyright Infringement

Don’t lose your job because you used a copyrighted piece of art to boost the appearance of your flyer or post.

2/18/2021 | Designer Patch

Who doesn’t love using a good photograph to enhance their flyer? Now, who loves getting fined for copyright infringement? Nobody? That’s what I thought. So why are you downloading images off the internet all willy nilly?

Making sure you’re correctly obtaining and using photos (and other forms of visual content) is so important. Not only for you or your company to avoid fines, but it also allows the creator of the content to get paid for their work. So, how do I know when I’m looking at copyrighted art?

What are Stock Photos vs Public Domain vs Creative Commons?
Stock Photos (or other visual content - video, illustration, etc) can be purchased for creative or commercial purposes, depending on their licensing.

Public Domain (photos, videos, illustrations, etc) are assigned a Creative Commons Zero (CC0) license or similar release and are no longer restricted by copyright, therefore are free to use. However, rights vary by country and jurisdiction so work that may be public domain in one may be subject to copyright in another.

Creative Commons (photos, videos, illustrations, etc) allows the creator to distribute their copyrighted work for free for the public to use and build upon. It should be noted that sometimes with a CC, the user must attribute the creator in the final piece. You can find out more about this in the site’s license information (discussed later on).

For those who are still downloading any ole image from Google’s Image page.
Remember, just because Google is a free search engine doesn’t mean that the image results are free to use. But, if you insist on using Google Images then make sure you click on Tools and select the dropdown for Usage Right. This gives you three options All, Creative Commons Licenses, and Commerical & Other Licenses.

  • All - This is obvious, it’s all images protected and not protected by copyright.

  • Creative Commons License - Grants copyright permission to works for use by everyone.

  • Commercial & Other Licenses - Usually you pay for these and they may have limitations for how/where the image can be used.

Be aware, if you decide to click on a suggested search filter Google provides at the top of the page, you will need to reapply the Usage Right filter.

How do you know what type of license a piece of visual content has?
Your best practice is to use well-known sites such as Unsplash, Pexels, Big Stock, etc. Yes, you may see repeats across these sites, but they are updated so often providing you with a vast amount of options. To find out what type of licenses the artwork on their site has can be as easy as clicking on a “License” button at the top of the page or digging a little deeper in their “FAQs” or “Legal” sections.

Why use pre-existing photography instead of taking photos myself?
If you have the time, a good camera, and a bajillion locations to shoot at, then go for it! But if you don’t and you don’t have the budget to hire a photographer, you can search sites for pre-existing photos that fit the specific topic of your flyer or social post.

TANGENT TIME: In my humble opinion, having an actual photograph of your product in a lifestyle setting will never be beaten by Photoshopping one together. I’ve done it both ways, and the actual lifestyle photograph wins every time, hands down. I know this goes against the point of this article, but I digress.

Why good visual content matters.
Visuals lure people in and HubSpot has some impressive stats to prove it.

  • The brain processes visual information 60,000 times faster than the time it takes for the brain to decode text.

  • 40% of users online will provide better and more favorable responses to a particular visual content than other plain and text-based content.

  • You can generate up to 94% more views if you add compelling visual elements and graphics.

So, when choosing a photograph to download and use in your flyer or social piece, make sure it is relevant to the rest of the content in your flyer and not click-bait inducing. Also, choose images that fit your brand standards. Is your company known for being in-your-face or is it more traditional? Think about these aspects and select imagery that vibes with your brand.

I hope this shined some light on the wonderful world of Stock Photography and helped you to better understand the variations available. I’ll see you next month for a discussion on CTAs. Until then, happy photo hunting!


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