Using images for promoting events: Do you have copyright permission?
There are over 2000 local arts and cultural events promoted in our region every year. Great images are so vital in promoting events on Facebook, Instagram, websites and posters etc. BUT it’s very important that the images used to promote these events are not infringing someone’s copyright.
We know of small organisations or businesses that have been fined for using images they grabbed from the internet that they didn’t have permission to use. These fines can also apply to other organisations (like Arts OutWest or local tourism offices) who then re-share this content.
This isn’t to scare you – we just don’t want you getting stung for copyright infringement.
- You can’t simply use a photo or image because it was online.
- Images online remain the property of the person who created them unless they give you permission to use them or they have chosen to make them ‘creative commons’ or ‘public domain’.
- If you use copyrighted images without permission, you are violating copyright law and the owner of the image can take legal action against you, even if you remove the image.
Finding suitable images for your website and blog isn’t as simple as typing words into Google Image Search and saving the pictures you like…. Most of the time, these images are someone else’s property and covered by the same copyright laws as the rest of their content. – civicwebmedia.com.au
- Use original photos – ones you took.
- If you do regular or multiple events then take a selection of photos to use as your own stock images.
- If don’t have an original photo look for ‘copyright free images’ such as Creative commons, Shutterstock or istockphoto or pexels or similar or create graphics on a free site like canva.com. Some of these images will be free, others you can use for a small fee. Some may have requirements such as always naming the source of the image when you use it.
- Even when you do have permission to use an image ALWAYS attribute the ownership of an image when you use it online or in any other materials. In the case of artworks, this includes the name of the artist who created the work AND the photographer who took the image of the work (like we have done above). For example you might pop the image credit details at the bottom of your Facebook post or event details.
If you are sending event details to Arts OutWest to promote through our Whats On please only send us images you have permission to use.
Legal stuff: Infringing material online
Here’s some details from Arts Law (Read more at: https://www.artslaw.com.au/information-sheet/copyright/)
The Copyright Regulations 1969 set out ‘take down’ notice procedures that a copyright owner, or an agent of the owner, can follow in relation to infringing copyright material residing on a carriage service provider’s system or network. A ‘carriage service provider’ is an internet service provider (ISP).
If the copyright owner or their agent believes, on reasonable grounds, that the material is infringing; and the owner or agent wishes the ISP to remove or disable access to the material, then they can issue a notice of claimed infringement in relation to the copyright material to the ISP’s designated representative. Look on the website of the ISP to identify how to contact the ‘Designated Representative’, who is appointed by the ISP to receive notices and notifications issued under the Regulations. The ‘take down’ notice form set out in Part 3 of Schedule 10 of the Copyright Regulations must be used. On receiving the notice the ISP must promptly remove, or disable access to, the copyright material. The person uploading the material may issue a counter-notice if they dispute that the material is infringing and the ISP must restore, or enable access to, the copyright material on its system or network; unless the copyright owner gives notice, within 10 working days of receiving the counter-notice, that the owner or agent has brought an action seeking a court order to restrain the activity that is claimed to be infringing. See Arts Law’s information sheet, Takedown Notice when your copyright is infringed online.
In 2015 the Communications Alliance Limited (which represents ISPs) developed the Copyright Notice Scheme Industry Code (C653:2015) that is intended to be an industry code when it is approved by the Australian Communications and Media Authority (ACMA). The Code is primarily educative, with the obligation remaining with rights owners to identify residential fixed internet users who are alleged to have infringed copyright. The obligations on the ISPs include the delivery of infringement notices and to assist rights owners to identify persistent infringers. However the obligation remains with the rights owners to issue legal proceedings against any infringing user of a copyright material. Independent artists will find it difficult to meet the operational requirements of the Code for the reasons described in the Arts Law submission on the draft Code, ISP Industry Code to combat online copyright infringement. The ‘take down’ notice procedures remain available to independent artists when infringing material is identified and the artist wishes an Australia ISP to remove or disable access to the infringing material.
Australian Copyright Council information sheets:
- An introduction to Copyright in Australia
- Artists & Copyright
- Assigning & Licensing Rights
- Copyright Protection in Other Countries
- Duration of Copyright
- Exceptions to Copyright
- Indigenous Artists
- Infringement – What Can I Do?
- Ownership of Copyright
- Permission – Do I Need It?
- Protecting Your Copyright