Can I legally use copyrighted images on my business website?

A great photo can make your website feel more welcoming. But finding an image online does not mean you can put it on your homepage. In Australia, most photos, illustrations and graphics are protected by copyright automatically. You will usually need permission to use them—even if they have no watermark or copyright notice.

Who owns the image?

Copyright generally belongs to the person who created the image, although a contract or employment arrangement can change who owns it. The owner controls uses such as copying the image and putting it online.

That means a Google Images result, a competitor’s website or a photographer’s Instagram post is not a source of “free” website images. Crediting the creator is courteous, but credit alone is not permission.

For example, if a local café likes a photo of its pastries taken by a customer, it should ask before adding the photo to its website. Being featured in the photo does not give the café the right to use it.

When can you use an image?

The safest options are:

• Use an image you have the rights to use. Photos you take yourself are often a straightforward choice, but check any agreement if they were taken as part of your job or for a client.
• Get permission from the copyright owner. Keep the agreement in writing and make sure it covers website use, advertising if relevant, and any edits you plan to make.
• Buy or download an appropriately licensed image. A licence is permission to use an image under stated conditions. Stock-photo and Creative Commons licences may limit commercial use, require credit or restrict changes. “Royalty-free” does not mean “free of rules”.
• Use an image that is genuinely out of copyright. Copyright lasts a long time, and the rules vary depending on the work. If you are unsure, do not assume an old-looking image is free to use.

If a designer or photographer creates images for your business, check your contract. Paying for the work does not necessarily give you ownership of the copyright or unlimited permission to use it.

What about “fair use”?

Australia does not have a broad “fair use” rule that lets businesses use images whenever the use seems reasonable. It has narrower exceptions called fair dealing, which apply only for particular purposes, such as criticism or review, news reporting, research or study, and parody or satire. Some require an acknowledgment of the creator.

These exceptions are unlikely to cover using someone else’s photo simply to make a product page or blog post look better. Cropping the image, adding a filter or using only part of it does not automatically make the use lawful, either.

A quick check before you publish

Save the image’s source, the licence or permission, and any proof of purchase. Read the conditions before uploading: a licence for social media posts may not cover website advertising, and a licence may require a particular credit line. If people appear in promotional images, consider whether you also need their consent to use their likeness.

Already used an image without checking? Take it down while you confirm your rights. If you receive a complaint, do not ignore it: keep a copy, check where the image came from and consider getting legal advice before responding.

The practical rule is simple: know where each image came from and why your business is allowed to use it. That small check before publishing can save a much bigger problem later.