Uploading a photo to your website from Google Images could cost you thousands of dollars. Here's why.
Please note: This article is informational only, and should not be considered legal advice.
Did you know that uploading a photo to your website that you found on Google Images could cost you thousands of dollars? While this may seem inconsequential, it’s worth taking very seriously.
When it comes to using images on websites in New Zealand, copyright laws have been around for quite some time. Under the Copyright Act 1994, if your website displays an image that you do not own, you generally need a valid legal basis to use it, such as a license or permission from the owner. If you do not have this legal basis, it can result serious financial consequences.
Despite this however, for a long time it has been easy for small businesses to ‘get away with it’. The reason for this is that it was simply too big of a task for image owners to keep track of every website that features their images, not to mention whether or not they all have a licence.
But now, with the help of AI, that’s all changed. Image copyright owners can now use AI-powered and reverse-image-search tools to find image matches online and investigate whether those uses are authorised. They can then choose to take legal action, and demandsettlement fees in the hundreds or even thousands of dollars. Today, there are even services that manage this process on behalf of image owners, making it even more accessible.
What We’ve Done
With this new development in the landscape, we wanted to make sure that our clients don’t get caught out. That’s why we recently audited the images on every single website that we host. That’s a total of 157,691 image files! As part of the audit, we made sure that every image was either owned by the business, legally purchased, or sourced from a free stock image website. Any that we weren’t sure of were deleted and replaced with a safer alternative.
One big takeaway for us was how difficult the high-risk images were to identify. For a lot of them, there was no clear sign of where they had been sourced from. This means we had to develop comprehensive systems and processes to make sure no image slipped through the cracks.
Why Audit So Many Images?
The result of auditing and replacing these high-risk images is that now, our clients have a much lower risk of being stung by an unknown copyright infringement. Some of the images we identified had been displayed on the website for several years, which can lead to higher settlement fees. Essentially, these seemingly harmless images had become ticking time bombs putting the business at risk.
These claims often come out of nowhere, and the website owner wishes they had done something about it earlier. Following our audit, each of our hosting clients can have peace of mind that this is far less likely to happen to them in future.
What We Recommend
If you’re a business owner, we strongly recommend thoroughly reviewing your website image library (found in the back end of your website). Go through each image one by one, and remove/replace any that have not been taken, commissioned, or purchased by your business. It may be tedious, but it’s definitely worth your time.
If you don’t know where an image came from, a helpful online tool is tineye.com. Just upload the image you’re not sure about and search. It will show you where that image can be found online. If you can see that the image is from a reputable free stock site such as Pexels, Unsplash, or Pixabay, you’re usually safe. If you don’t see any of these, look out for paid stock image websites like Shutterstock, iStock, or Adobe Stock. If you didn’t pay for the image, but it’s found on one of these sites, it could be high risk.
If you’re still not sure where it came from, we’d suggest replacing it anyway. We’ve seen clients’ websites be stung, and it’s not worth the risk!
Common Questions
Are all original images protected by copyright in New Zealand?
The large majority are, yes. For website owners, the practical rule is simple: assume an image is protected under copyright unless you can prove otherwise.
Copyright in New Zealand protects original works, including artistic works, which can include photographs, illustrations, graphics, drawings, diagrams, maps, and other visual material.
Copyright generally arises automatically. IPONZ explains that copyright is created automatically in original works such as artwork or websites. You do not need to register it, and using the © symbol is optional.
What rights does the copyright owner have?
The copyright owner has exclusive rights to control certain uses of the work. Under the Copyright Act, these include the rights to copy the work, issue copies to the public, show it in public, communicate it to the public, adapt it, and authorise others to do those things. Uploading an image to a website can involve at least two of these restricted acts: making a copy of the image and communicating it to the public.
That means a website owner usually needs one of the following:
- ownership of the image
- permission from the copyright owner
- a licence to use it
- confirmation that the image is out of copyright, or in the public domain
Can’t I just credit the owner or source of the image?
Not necessarily, as attribution alone is not enough. Crediting the owner is often a condition of using an image under a license, but you still need the license to use it legally.
Copyright issues can depend heavily on the facts, including who created the image, who paid for it, what licence applies, and how the image is being used. For high-risk commercial campaigns, disputes, or unclear ownership, get legal advice.
If it was publicly available online, doesn’t that mean it’s free to use?
No, it doesn’t. This is one of the biggest mistakes businesses make. Any image found on Google Images, another business’ website, or a photographer’s portfolio may still be fully protected by copyright.
A handy question to ask before using an image on your website is: what gives us the right to use this?
What should I do if someone complains about an image?
If you receive a copyright complaint, do not ignore it. Remove or disable the image while you investigate, preserve records of where it came from, check your licence or permission, and respond professionally.
If the complaint includes a payment demand, settlement offer, or legal threat, we recommend getting advice before admitting liability or making payment. Some claims are valid, but others may be overstated, incorrect, missing key details, or even a scam. Do your due diligence before meeting demands.
What if I delete the image straight away?
Removing the image quickly may reduce ongoing risk, but it does not necessarily remove liability for past unauthorised use. For example, if an image has been used on your website for several years, a rights holder may take the duration of use into account when making a claim or settlement demand. However, the amount payable is not automatic, and will depend on the facts and applicable law.
How do I know which images are okay to use on my website?
Here’s a quick guide on common places images can be sourced from, and any usage conditions they are likely to have.
- Images taken by an employee of your business
These are generally good to use. If you or one of your staff took it, the business is usually the first copyright owner unless agreed otherwise. - Images taken by someone you know
These may be okay if the person who owns the copyright has given you clear permission for your intended website use. Ideally, get that permission in writing. - Images taken by a photographer you have hired
In New Zealand, if you commission and pay (or agree to pay) for photographs, you will often be the first copyright owner unless the contract says otherwise. In this case, the photos are safe to use. Always check the photographer’s terms if you’re not sure, as some contracts change this position or grant only a licence. - Images from free stock image websites
These include sites like Pexels, Unsplash, Pixabay, or Canva’s Free Plan
These are usually suitable for website use, if your use complies with the platform’s licence terms. Check the restrictions and keep a record of the source, licence, and download date. - Images from paid stock image websites
These include sites like Shutterstock, iStock, Adobe Stock, or Canva Pro
These are only good to use if you have obtained a valid licence, either by purchasing the image or downloading it under an active subscription, and your intended use fits within that licence. As with the free stock image sites, it’s still good to keep a record of where they are from and when they were purchased/downloaded. If you haven’t purchased these images or downloaded them through a paid subscription, do not use them under any circumstances. - Images with a Creative Commons licence
Creative Commons images are often free to use, but only if the specific licence allows your intended use and you follow all the conditions. In particular, be careful with licences that include NC (non-commercial), which may not suit business websites. Another one to watch out for is ND (no derivatives), as this can restrict cropping, editing, or text overlays. - Images from Google Images
To be safe, we recommend never using anything sourced from Google Images on your website. Most images you find here are highly likely to be under copyright, so it is best to source images from elsewhere.
Conclusion
Image copyright can be easy to overlook, especially when a photo has been sitting on a website for years, or looks like an ordinary stock image. But as detection tools become more advanced, unauthorised images are becoming easier for rights holders to find, and the consequences can be costly.
The safest approach is to treat every website image as something that needs a clear paper trail. Know where it came from, check the licence, keep records, and replace anything you cannot verify. If you are unsure about an image, it is usually better to remove it and use a safer alternative than to hope it will never be noticed. A careful image audit now can help protect your business from copyright claims later.
