Using Copyrighted Photos and Digital Images

A Guide for BU Communicators

Copyrighted photos are protected by law from unauthorized use or distribution. Copyrighted photos include images you find online on websites, blogs, or social media platforms and images you purchase or license from stock photo sites, agencies, or photographers.

Using copyrighted images without authorization can result in legal and financial consequences, including infringement claims, litigation, and demands for fees or damages. Therefore, you must be careful when using images and confirm that you have the proper authorization to use them.

Important information to remember:

  • Copyright protects original works fixed in a tangible form (such as a photograph) and provides the copyright owner the exclusive rights to reproduce, distribute, publicly perform/display the works, and make derivative works based on the original work.
  • Photographs, videos, images, and other creative works, such as sound recordings and musical works, are protected by copyright.
  • In general, copyright infringement occurs when a copyrighted work is used without obtaining a license agreement or other permission. There are some exceptions such as fair use (which is a fact-specific analysis), some educational uses, and use of works that are in the public domain (which is not to be confused with being on the internet or otherwise publicly accessible).
  • Photos and images often have strong copyright protection. Images available on the web are subject to copyright law, and  Images from the internet, a social media site or some other publicly available location are still protected. Also, as a general matter, you need permission to alter an image.
  • Providing attribution/credit to the copyright owner does not equal the permission required to use a copyrighted work. There are licenses, including certain Creative Commons licenses, that allow for copying and sharing of a work on the terms specified in the license.  Many Creative Commons licenses include specific requirements about providing attribution.  Pay close attention to the terms of licenses. Failure to comply with the license may be copyright infringement.
  • Work created by BU employees generally belongs to BU, and student work generally belongs to the student.
  • When taking photographs, consider whether consent from the subject is required or appropriate. Obtain written consent to photograph an identifiable person if:
    • The person is a student (unless photographed in a public space or public event);
    • The image will be used commercially.
    • The person had a reasonable expectation of privacy
    • The person is a minor.
  • If you cannot find, use, or afford the image you want, consider creating or commissioning the image yourself.
  • Infringement claims can be costly. Upon notice of an infringement claim, take a screenshot of the use of the image (if still in use), remove the image (if appropriate), and notify Boston University’s Office of General Counsel.