- A surprisingly common mistake is treating anything that appears in a search engine, on social media, or on another company's website as fair game to reuse.
- The label on a stock photo site matters.
- - [ ] Using a personal-use or editorial-only licence for a commercial website or ad campaign - [ ] Exceeding the number of views, print runs, or platforms the licence actually covers - […
Nearly every business website leans on images, icons, or video that someone else created — a hero photo, a background graphic, an embedded clip. Most of the time this works out fine. But stock photo copyright risk is one of the most common, and most avoidable, legal exposures a small business carries on its own site, usually without anyone realizing it.
This article covers where that risk actually comes from, how licence terms differ, and what to do if a demand letter shows up.
Why "I Found It Online" Is Not a Defence
A surprisingly common mistake is treating anything that appears in a search engine, on social media, or on another company's website as fair game to reuse. It isn't. Images are protected by copyright the same way written content is — automatically, from the moment they're created. Being easy to find and download has nothing to do with whether you're allowed to use it.
The fact that an image was used without a visible copyright notice, or that it's been widely reshared online, doesn't establish permission either. Someone still owns it, and that owner can pursue a claim even years after the image was first posted.
Types of Image Licences You'll Encounter
| Licence Type | What It Generally Means |
|---|---|
| Royalty-free | A one-time fee for ongoing use within the licence's terms — not the same as free-to-use |
| Rights-managed | Usage is limited by specific factors like duration, geography, or medium, and often costs more for broader use |
| Creative Commons | Free to use under specific conditions set by the creator (attribution, non-commercial use, no derivatives, and so on) — conditions vary significantly by licence type |
| Editorial use only | Restricted to news or commentary contexts, not advertising or commercial promotion, even if a fee is paid |
| Public domain | No copyright restrictions apply, but genuinely public domain images are less common than people assume |
The label on a stock photo site matters. "Royalty-free" does not mean unrestricted, and "free" downloads sometimes carry attribution or non-commercial conditions that a business promotional use would violate.
Common Ways Businesses Get This Wrong
- [ ] Using a personal-use or editorial-only licence for a commercial website or ad campaign
- [ ] Exceeding the number of views, print runs, or platforms the licence actually covers
- [ ] Assuming a Creative Commons image has no conditions attached without checking the specific licence terms
- [ ] Letting an employee or contractor pull images from a search engine without keeping a record of where they came from or what licence applies
- [ ] Continuing to use an image after a subscription or licence period has lapsed
- [ ] Reusing a competitor's or influencer's photo because "everyone does it"
Best Practices for Using Licensed Images
- Buy from a reputable source and keep proof of purchase, including the specific licence terms in effect at the time.
- Read what the licence actually covers — commercial vs. personal use, geographic or platform restrictions, and whether attribution is required.
- Keep a simple internal record of where each image on your website came from, especially if multiple people manage your content.
- Renew or repurchase before a subscription lapses, particularly for platforms that license images on a rolling or subscription basis.
- Train staff and contractors not to pull images directly from a search engine "just to see how it looks." Temporary placeholders have a way of becoming permanent.
What Happens If You Get a Demand Letter
Receiving a letter claiming your business used an image without a proper licence is more common than most owners expect, and reputable rights-holders and their agents do actively monitor for unauthorized use. Don't ignore it, but don't necessarily pay whatever is demanded either. The appropriate response depends on the facts, including whether you genuinely had a licence, how the image was actually used, and how the demand is calculated.
Frequently asked questions
Is it safe to use an image if I credit the photographer?
Attribution alone generally doesn't satisfy copyright. Unless the specific licence terms say attribution is sufficient (some Creative Commons licences work this way), you typically still need permission or a paid licence.
Can I use a screenshot of another company's website on mine?
This carries real risk, both from a copyright perspective (the layout, design, and content may be protected) and, depending on the context, potential trademark or misrepresentation concerns. Comparative use may sometimes be defensible, but it needs to be assessed carefully rather than assumed safe.
What should I do if I'm not sure whether an old image on my website is properly licensed?
Audit your website's images against your purchase records and licence terms. If you can't confirm a proper licence for an image, the safer move is to replace it rather than wait to find out the hard way.
Does it matter that we're a small business and didn't make much money from using the image?
It can factor into how a dispute is resolved, but it isn't a legal defence to infringement itself. Rights-holders pursue small businesses regularly, and the size of your business doesn't change whether a licence was required.
This is a corporate question
Start a file online — flat, published fees, reviewed by a licensed Ontario lawyer before a dollar is owed.