Copyright in Photos on Social Networks: What You Are Allowed to Use
"I found it on Google — it must be free to use." This is one of the most common and costly mistakes businesses make. Almost every image on the internet is someone's copyrighted property. Using it without permission — even with credit added — is copyright infringement.
1. What Is Protected and What Is Not
Under the Copyright Act 2007, an original photograph is protected from the moment it is taken. The photographer is the owner unless they are an employee who took it in the course of employment.
2. What Is Permitted: Fair Use, Creative Commons, and Licenses
Fair use under Israeli law is narrower than US fair use. Creative Commons licenses provide structured permissions. Commercial image libraries offer reliable commercial licenses.
3. Lawsuits and Damages: A Real Business Risk
Getty Images, professional photographers, and content creators actively pursue copyright infringement claims. Israeli courts can award up to NIS 100,000 per infringement under Section 56 of the Copyright Act.
4. Social Media Sharing: What the Platforms Allow
Platform terms of service grant the platform a license to display your content. They do not grant third parties the right to download and republish your images. Re-sharing content to your feed may differ from embedding.
5. Building a Compliant Image Library
Practical solutions: purchase licenses from stock libraries, use CC0 images from Unsplash and Pexels (read their specific terms), commission original photography, or use AI image generation (with appropriate rights review).
Checklist
- Use only images for which you have purchased a license, taken yourself, or that are CC0
- Check the specific Creative Commons license type before use
- Provide attribution as required by the license — even for free images
- Avoid re-sharing images from Instagram/Facebook without permission
- If using an image of a person — verify consent for publication
- Keep documentation for all image licenses in use
Common Pitfalls
- Assuming a Google Images result is free to use
- Removing a watermark and using the image — can double the damages
- Sharing an image with credit without the owner's permission — credit does not replace permission
- Using CC BY-NC images for commercial purposes
- Relying on the "internet" as a defense — everyone does it is not a legal defense
שאלות ותשובות
Can I use images from Instagram for my business?
Not without permission. Instagram's terms of service do not grant third parties the right to download and reuse other users' content. The photographer or creator retains copyright. Always seek permission or purchase a license before using social media images for commercial purposes.
What does CC0 mean and is it really free for commercial use?
CC0 means the creator has waived all copyright to the extent permitted by law, dedicating the work to the public domain. CC0 images are generally free for commercial use without attribution. However, always read the specific terms of the platform (e.g., Unsplash has its own additional terms) to ensure compliance.
What is the risk if I use an image without a license?
Copyright infringement. Under Israeli law, courts can award up to NIS 100,000 per infringement without you needing to prove actual damages. Stock agencies like Getty actively scan the web for unauthorized use of their images and pursue claims. The practical risk is a demand letter for payment well above what the license would have cost.
Does posting an image on social media mean others can use it?
No. Posting on social media grants the platform a license to display your content but does not give other users the right to copy and reuse it. Your copyright remains intact. You can take action against others who copy and republish your images without permission.
Is there a safe way to find free-to-use images for my business?
Yes. Use platforms like Unsplash, Pexels, or Pixabay that offer images under permissive licenses. Always read the specific license terms, as some images have model release limitations or attribution requirements. For critical commercial uses, purchasing a license from a reputable stock library provides the clearest legal protection.