Can You Use Images from the Internet?

Used under a Creative Commons Licence

Can You Use Images from the Internet?

Imagine you are  scrolling through the internet and stumble across a perfect image of flowers. Vibrant, high-resolution, and exactly what you need for your new product packaging. But there’s a catch: no name, no credit, and in short, no trace of a copyright owner.

You reverse search it on Google (see more information about this below). Nothing.

You check metadata. Nothing.

Maybe you have struck gold?

Well, no.

This situation falls into orphan works copyright law.

This is when the original creator of the copyright material can’t be identified or located.

But before you think “Finders, Keepers!”, understand Australian copyright laws for images and the serious risks of infringement.

Using Images from the internet  – What Does Australian Law Say?

Under the Copyright Act 1968 (Cth), all original artistic works, including photographs, digital images, and illustrations, are automatically protected by copyright from the moment they are created. There is no need for registration. The creator owns exclusive rights to reproduce, publish, or licence their work for their business.

So, let’s say you use that mystery flower image on your packaging.

You start selling thousands of products. Then a photographer emails you from nowhere threatening legal action.

Even if you didn’t know who owned it, you could be liable for damages, removal costs, and legal fees.

Then when can you Use Copyrighted Images Without Permission?

Australian copyright law is very strict and allows limited use of copyrighted material without permission. It has to be very specific purposes, such as:

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

Notice something missing?

Commercial use—such as advertising, social media, or packaging—does NOT qualify.

At Sharon Givoni Consulting this is a question that clients ask time and time again.

If you take an image from Google or Pinterest you may still need permission. As US Supreme Court Justice Stephen Breyer put it:

“Copyright law ultimately serves the purpose of enriching the general public by striking a balance between the interests of authors and the broader society.”

And in Australia that balance leans heavily in favour of protecting artists, writers, photographers, graphic designers and so on.

So taking that a step further, if an image is on Google, this does not mean it is free to use.

But what if You Can’t Find the Copyright Owner?

This is where we go back to that mystery flower image.

Orphan works, as they are called, still have copyright protection, and using them without permission carries the same risks as using any copyrighted image. The legal owner could resurface at any time and demand payment.

Best Practices – How to Avoid Copyright Infringement for Images

Using images legally for business can be complex, but following these best practices will help:

• Always assume an image is protected by copyright.
• Purchase or license images for commercial use.
• Use public domain archives like The National Gallery of Australia’s open-access collection.
• Check Creative Commons licenses carefully before using free images – Learn more here.
• Never assume Google or Pinterest images are free.
• Obtain written permission whenever possible.
• If in doubt, seek legal advice before using an image.

Need Expert Copyright Advice? We Can Help!

At Sharon Givoni Consulting, we help businesses navigate copyright law and ensure brand protection.

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.