Using an image found online without permission is one of the most common intellectual property infringements — and one that most surprises artists when they receive a claim. The idea that “if it’s on the internet it’s free to use” is incorrect. Images do not lose their copyright by being published online.

In the European author system (Directive 2001/29/EC), the copyright of a photograph belongs to the person who takes it — the photographer. Not the person in the photograph, not whoever commissioned the photographer, not whoever publishes the photograph.

Important exceptions:

  • If the photographer makes it within an employment relationship (as a salaried employee), the copyright usually belongs to the employer.
  • If there is a contract that explicitly transfers the rights to a client or company, the rights pass to whoever they’ve been transferred to.
  • Images generated by artificial intelligence are not protected by copyright in most European jurisdictions (no direct human authorship), but the company owning the tool may claim related rights. A legally grey area still evolving.

When you do NOT need permission

Three situations in which you can use an image without authorisation:

1. The image is in the public domain. Photographs more than 70 years after the author’s death enter the public domain. You can use them freely. Resources: Wikimedia Commons, Europeana, Library of Congress.

2. The image has a Creative Commons licence that permits your use. (See the CC section below.)

3. Your use is quotation or reference for illustration or criticism purposes. Spain’s Intellectual Property Law admits partial reproduction of works for educational, analytical or critical purposes, with identification of the author and source. But it’s a restricted right — it doesn’t apply to general commercial uses.

Creative Commons licences: quick map

Creative Commons is a standardised licensing system that allows authors to grant some rights while retaining others. The six main licences, from least to most restrictive:

  • CC0 (Public Domain): the author waives all rights. You can do anything with the image, including commercial use without attribution.
  • CC BY (Attribution): you can use, modify and even sell, but must credit the author.
  • CC BY-SA (Attribution + ShareAlike): same as BY, but derivative works must carry the same licence.
  • CC BY-ND (Attribution + NoDerivatives): you can use but not modify.
  • CC BY-NC (Attribution + NonCommercial): you can use but not for commercial use.
  • CC BY-NC-SA: most restrictive — non-commercial use, attribution, and derivatives must be equally free.

The key for artists: if you need images for a website or promotional material (which is commercial use), you need CC0 or CC BY at minimum. NC (NonCommercial) licences don’t work for promotional or sales uses.

Where to find CC images:

Stock photos: understand the licence you’re buying

Stock images (Getty Images, Adobe Stock, Shutterstock, etc.) are not “bought” — you buy a usage licence with very specific conditions:

  • Royalty Free (RF): pay once and use the image in multiple projects. But “free” doesn’t mean unrestricted — there are conditions about the number of copies, editorial vs commercial use, whether you can use it on merchandise, etc.
  • Rights Managed (RM): pay for a specific use (format, territory, duration). Each different use requires a new licence. More expensive but with clearer rights.

Common mistake: buying an editorial use licence for a commercial website. “Editorial” means news, documentary, information — not promoting the sale of a service or product.

AI-generated images: grey zone

Images generated with tools like Midjourney, DALL·E, Stable Diffusion or Firefly raise open questions:

  • The image has no direct human copyright → in principle, no restriction on using it.
  • But: some models were trained on protected images without permission → litigation is ongoing in the US and Europe.
  • Midjourney, by default, allows commercial use by paid subscribers of generated images.
  • Stable Diffusion is open source; generated images are not restricted by default.

The cautious recommendation: for important professional uses (album cover, visual identity), use original images. AI images generate legal uncertainty that can become complicated.

How to find out who owns an image

If you find an image and don’t know its origin:

  1. Reverse search: Google Images (upload the image or drag and drop) or TinEye. Shows where it has appeared before.
  2. Check the EXIF: digital photos usually have metadata including the photographer’s name and date.
  3. Look for a watermark or signature: if the original had one and it’s been removed, that act itself is already an infringement.

See also:

Ressona works with Pocallum for professional artist photography. When you have your own professional photos, the copyright problem is yours — not anyone else’s. Get in touch.