Graphic Designers: Can You Use Images From the Internet?

Graphic Designers: Can You Use Images From the Internet?

You’re a graphic designer on a deadline.

A client wants a sleek, modern design, and you need the perfect image to bring it to life.

You scroll through Google Images, Pinterest, and Instagram until—there it is. The ideal shot. No watermark, no credit. You think, Can I use this?

The short answer is, from a legal perspective: Absolutely not.

In Australia, copyright laws protect images the moment they’re created.

Just because an image is online doesn’t mean it’s up for grabs. Whether you’re designing logos, websites, branding, marketing materials, or packaging, using unauthorised images could land you in legal trouble.

Let’s break down what graphic designers need to know when it comes to copyright and online images.

Copyright Law – What It Means for Graphic Designers

Under the Copyright Act 1968 (Cth), copyright applies automatically to original artistic works—this includes photographs, illustrations, and digital designs.

No one needs to register it for protection. If someone created it, they own it (unless they’ve transferred rights in writing).

That means if you download and use an image without permission — even if there’s no watermark or credit—you may be infringing copyright.

Even minor modifications, like changing colours, cropping, or adding filters, won’t necessarily protect you. If the essential elements of the original remain, it’s still an infringement.

When is it okay?

Under Australian law, fair dealing allows the use of copyrighted material only in very limited circumstances:

• Research or study
• Criticism or review
• News reporting
• Parody or satire
• Legal advice

None of these apply to commercial design work.

If you’re using an image for client projects, social media graphics, advertising, branding, or marketing, fair dealing does not protect you.

Case Study

Imagine a graphic designer named Alex. Alex is designing a product label for a small business and finds a stunning Van Gogh-inspired digital artwork online. The artist isn’t credited, and Alex assumes it’s free to use.

Alex traces over it, makes some edits, and uses it in the final design.

Later, the original artist discovers the label and files a copyright complaint. Alex’s client receives a cease-and-desist letter, demanding compensation. The brand is forced to redesign its packaging, and Alex loses the client.

Lesson? Just because an image is altered doesn’t mean it’s legal to use.

If You Can’t Find the Creator, Can You Use It?

Orphan works are copyrighted images where the owner can’t be identified. It’s a legal grey area, but in Australia, copyright still applies—even if you can’t track down the creator.

If you find a beautiful vintage illustration and can’t confirm its copyright status, you must assume it’s protected.

What is the best thing to do legally?

The safest approach is to either:

• Do a thorough copyright search before using the image.
• Find a public domain or Creative Commons alternative.
• Seek legal advice before using orphan works commercially.

How to Find Legal Images

As a graphic designer, you need high-quality, legally usable images. Here’s where to look:

• Creative Commons Zero (CC0) Images – Public domain images you can use freely. The Art Institute of Chicago has over 50,000 high-resolution artworks available under CC0.
• Government Archives – Australian and international institutions offer copyright-free images (e.g., National Gallery of Australia’s Open Access Collection).
• Stock Photography Websites – Some require licensing fees, but offer full copyright clearance (Adobe Stock, Shutterstock, Pexels, Unsplash).
• Custom Photography & Illustration – The safest option is to create your own or commission work.

Final Thoughts

As legendary designer Paul Rand once said:

“Design is so simple, that’s why it’s so complicated.” Click here for the full version: https://www.creativethinkinghub.com/paul-rand-defining-design/

Great design isn’t about cutting corners or borrowing from others.

It’s about originality and respecting intellectual property.

Understanding copyright law protects both you and your clients.

At Sharon Givoni Consulting, we help graphic designers navigate copyright laws, from licensing agreements to protecting original works.

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Please note the above article is general in nature and does not constitute legal advice.

Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.