How to Avoid Copyright Infringement by Using Stock Photos

We’re all guilty of screenshotting or saving a photo and reposting it to our social media and blogs. This, however, is not a digital marketing best practice because you may just be infringing upon fair use and copyright laws. Read on to see how you can get around this by utilizing stock photos

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Let’s get one thing straight: using another person’s photo without permission is illegal. Why is that, you might ask?

The United States has laws in place that prohibits the reproduction of original works of authorship. This is copyright law.


The U.S. Copyright Office defines copyright as

A form of protection provided by the laws of the United States for "original works of authorship", including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations. ‘Copyright’ literally means the right to copy but has come to mean that body of exclusive rights granted by law to copyright owners for protection of their work.”

“Copyright protection does not extend to any idea, procedure, process, system, title, principle, or discovery. Similarly, names, titles, short phrases, slogans, familiar symbols, mere variations of typographic ornamentation, lettering, coloring, and listings of contents or ingredients are not subject to copyright.”

Copyright Law

So, what does copyright law mean? Let’s break it down. 

Any person who creates an original expression of work owns the rights to that work. As defined above, works of authorship can include written, visual, sculptural, choreographic, musical, pictorial, and graphic pieces of work. Under this umbrella, photos are covered by copyright law. 

Some works of authorship are not protected, however. Ideas, procedures, titles, discoveries, names, phrases, symbols and colors are not subject to copyright. 

Anyone found to have infringed a copyrighted work may be liable for monetary damages up to $30,000 for each work infringed. 

Now, how do you avoid infringing upon a copyrighted work? This is where stock photography comes in. 

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What Are Stock Photos?

Stock photos are photos that can be licensed for specific uses, such as for commercial or personal use. There are several ways that you can obtain copyright free photos to use in your role as a digital marketer. 

The first way is to visit stock photo websites. There are both free and paid options out there. Just enter your search query into the search bar and start browsing for the perfect photo.

Some photographers require that you credit them once you reproduce or distribute their photo, so make sure to be on the lookout for that. Other than this, you should be able to repost or use a stock photo without repercussion. 

Below are some great websites to search for stock photos.

Another option for stock photography is to take your own photos. If you have an in-house camera, now’s the time to brush up on your photography skills. Even if you don’t have a DSLR camera, you can still take high-quality photos using an iPhone or Android.

A bonus with this option is that you can make money from doing it!

Best Practices for Stock Photography 

Lighting
Lighting is crucial to taking a good photo. If possible, take the photos in a space with plenty of natural lighting. Dark spaces and incorrect camera settings cause grainy photos, which is not optimal for stock photography. To combat this, make sure your camera settings reflect your environment.

Need help with figuring out your camera settings? Here’s a video explaining it in-depth.

Have a clear subject

Having a clear subject ensures that your photograph conveys a clear and concise message or emotion. You don’t want your photo or subject area cluttered with random items or props since this can confuse viewers. Instead, go into the shoot with ideas of angles and frames you want to capture. Shooting with intention allows you, the photographer, to get what you want out of your photos.

Need help figuring out what to photograph? Here’s an example.

If you’re a digital marketer or social media coordinator of a coffee shop and need visual content, here’s a list of what you could capture.

  • Barista (brewing/pouring coffee, interacting with customers)

  • Interior and exterior of the coffee shop (seating, menu, bar)

  • Coffee (in a mug, in a to-go cup)

  • Customers (sipping coffee, meeting with friends over coffee, working)

You can essentially take a photo of anything and use it as a stock photo. Don’t think too hard about, and just have fun with it!

Get creative

Get creative with with your photos. Shoot up close and from far away (vary your angles and make them unique). Use relevant props. Experiment with your depth of field.

Moral of the story: let your creativity flow and don’t be afraid to execute new ideas!


Gone are the days of reposting images without credit. Now that you know more about stock photos and how to take them, you’re on your way to becoming a more ethical digital marketer who knows about industry best practices.

Now go out and share your new knowledge with the world!

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