Whether it is a showcase website or a commercial site, it is always advisable to use illustrations to capture and maintain the attention of your audience. To this end, many people look for illustrations on Google Images where we unfortunately quickly believe that we can use them freely. Can we really have visuals found on the Internet? Are there “lawful” uses of these? What are the legal consequences of unauthorized use of these images? The LEGALPROTECH-AVOCATS firm is responsible for deconstructing “false good ideas” relating to the use and/or reuse of images on the internet.
Copyright does not apply to images from free search engines – false!
In the common imagination, since these images are made available to everyone, it may seem logical that they can, in the same way, be distributed or reproduced without further formalities.
However, paragraphs 8 and 9 of article L.112-2 of the Intellectual Property Code expressly provide that graphic, typographic and photographic works constitute “works of the spirit ».
According to article L. 111-1 of the Intellectual Property Code:
« The author of a work of the mind enjoys this work, simply because of its creation, of a property rights intangible exclusive and enforceable against all ».
Article L.111-2 of the Intellectual Property Code further specifies that:
“The work is deemed to have been created, regardless of any public disclosure, by the sole fact of the realization, even unfinished, of the author’s conception.”
It is clear from these provisions that in the absence of contrary notice, images, whatever they may be (and regardless of their publication) automatically benefit from copyright protection.
As such, they can only be used by a third party on the condition that the latter has previously obtained express authorization from the author to use them (to reproduce, modify or represent them in another format).
Thus, any person who has not explicitly obtained (in writing) such authorization commits an act of counterfeiting, whether or not these illustrations are accessible on a free search engine.
Copyright does not apply to images used for non-commercial purposes – false!
For many entrepreneurs, copyright is only intended to apply if the photographs or illustrations downloaded or copied are for strictly commercial purposes (on a commercial site, for advertising purposes, etc.). This is a second preconceived idea.
On this point, it is appropriate to recall the provisions of Article L. 112-2 of the Intellectual Property Code which specifies that:
« The provisions of this code protect the rights of authors in all intellectual works, whatever the genre, form of expression, merit or destination »
It follows from this article that the exploitation envisaged for an image in no way deprives the author of his intellectual property rights.
Indeed, whether it is used on a blog, a showcase site or in a press review, the rule of law remains the same: prior authorization must be obtained from the author to be able to use his work.
Copyright does not apply to transformed images – false!
One thing can inspire another, the line between influence and copying can sometimes be thin.
As mentioned above, the author enjoys an exclusive intangible property right over his work, opposable to all.
It is consistent case law that copyright applies to any work which results from a creative effort and an aesthetic choice likely to reflect the personality of the person who “creates”.
In terms of photography, it is a question of the deliberate choice of a set of factors such as the shooting angle, the framing, the environment, the settings of the camera which contribute to the fact that the work is considered “original”.
As such, copyright will continue to apply to photographs and illustrations that are modified as long as the initial “original” character remains identifiable.
Since the artistic touch of the author is preserved, it will be necessary to obtain his authorization before making a modification or adaptation of his photograph or illustration.
Copyright does not apply to “royalty-free” images – false!
As previously mentioned, copyright applies systematically to original works. The term “royalty-free” is therefore confusing since there cannot be “rights-free” photographs or illustrations.
So why “royalty free”?
In reality, this term can refer either to:
- Commercial offers offering a set of uses of works against a fixed price ;
Either
- “Free licenses”, under the terms of which the author gives, in advance, authorization to third parties free, to use his work under very specific conditions.
In this context, the user is authorized to exploit the work without having to request special authorization from the author, although it is up to him to verify the conditions of the license granted to him (mention of the name of the author, commercial use prohibited, restricted modifications, etc.).
Conclusion
While it is well known that copying/pasting constitutes a form of plagiarism, particularly with regard to general conditions of sale There are still preconceptions in the minds of many Internet users about the “free exchange” of images on the Internet.
At the end of this article, it should be remembered that images disclosed on the internet benefit, by default, of copyright protection and that a “found” image remains in any case the property of its creator.
In the absence of any indication on the free exploitation of these images, the rule is that prior authorization must be obtained from the author to be able to exploit them (use, distribute or modify them).
An Internet user who, by copying/pasting a photograph or illustration on the Internet, overrides the wishes of its author is exposed to the risk of legal action for counterfeiting.
In any case, you should check the sources of everything you intend to use on your website.
Regularly involved in intellectual property law, the LEGALPROTECH-AVOCATS firm will be able to support you in the exercise of your rights or in the defense of your interests both with regard to an amicable procedure and in the context of a dispute linked to copyright on an image.
Master Daniella TSHEFU
Article published on May 6, 2022. Its content reflects the context of its publication.
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