The ownership of images on social media can be a bit complex and is often governed by the terms of service of the particular social media platform. In general, when you upload images to social media platforms, you retain the copyright to those images.
However, by uploading them to the platform, you usually grant the platform a license to use, distribute, and display those images in accordance with their terms of service.
For example, platforms like Facebook, Instagram, and Twitter typically have terms of service (see below) that grant them a broad license to use the content you upload in various ways, including displaying it to other users, promoting it on the platform, and sometimes sublicensing it to third parties.
However, these licenses are usually non-exclusive, meaning you can still use and distribute your images outside of the platform.
It’s important to review the terms of service of each social media platform to understand what rights you retain and what rights you grant to the platform when you upload content. Additionally, some platforms offer more control over the privacy and distribution of your content through settings and options within the platform itself.
Can you use a photograph from the internet?
It’s advisable to seek permission to use the image and provide credit to the owner of the image. If you’re unsure about the originator of the image, it’s prudent not to reproduce it.
Violation of copyright law occurs when an individual, aside from the platform, reposts your image without authorization. The unauthorized reposting party may face legal consequences.
If a business or individual duplicates an image discovered on social media, the image’s owner has the right to pursue compensation for any losses incurred due to the unauthorized use of the photos.
Who owns the copyright of a photograph?
The copyright for an image typically belongs to the person who took the photo, rather than the individuals depicted in it.
Copyright protections are granted automatically and at no cost as soon as an image is captured. There is no need to file for copyright or formally register your photographs.
However, this rule may vary in cases where a photographer is hired for a specific purpose, such as a wedding, where the copyright might be held by the person who commissioned the photographs, unless otherwise agreed upon with the photographer.
What if someone uses your photograph?
What if you discover that an image you’ve shared has been replicated and utilized elsewhere? It could be that someone is profiting from it, distorting its original intent into something negative, or manipulating it, such as by superimposing a face you posted onto another body.
In Australia, the Copyright Act of 1968 governs the usage of images on social media, applying the same regulations as it does to traditional media outlets such as books, films, newspapers, or television.
Many social media platforms stipulate that users maintain rights to their original posts, yet they reserve the liberty to utilize the images in any manner without compensation. You give up control of what happens to your images
As an example, Facebook (now Meta) asserts that posters retain ownership of intellectual property rights; however, the platform claims “legal permission” to utilize posted content as it sees fit and without charge.
Facebook terms of service
Facebook terms of service says:
When you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content.
This means, for example, that if you share a photo on Facebook, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as Meta Products or service providers that support those products and services. This license will end when your content is deleted from our systems.
You give us permission to use your name and profile picture and information about actions you have taken on Facebook next to or in connection with ads, offers, and other sponsored or commercial content that we display across our Products, without any compensation to you.
Can Instagram sell your photos?
Instagram terms of service grants Instagram (Meta):
“non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use their content”.
Instagram can sublicense your photographs and content. This implies that it has the authority to license a user’s photograph or video to any third party without obtaining permission, providing notification, or offering compensation to the user. Additionally, Instagram could allow another company to utilize a user’s content in exchange for a fee, of which Instagram would retain.
How Twitter (now X) handles your content copyright
The website formerly known as Twitter says that you retain your right to any content that you post. However they can sub-license your photographs and not give you any royalties.
You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your incorporated audio, photos and videos are considered part of the Content).
By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating).
Some professional photographers regularly reverse image search their photographs to ensure they are not being shared and used without permission. Be careful what you share on your social media. Always ask before using photographs from the internet. You can Contact Us here.
Related stories
- Man Ray’s love-hate relationship with Hollywood
- Fake Photo: Manipulated photography before Photoshop
- This Working Photographer’s Life: British / Australian Rob Walls
- Wildlife Photographers in conversation at Australian National Maritime Museum
- Landscape photography in colonial Australia
- 10 photography exhibitions that defined Australia
- Photographer William Yang documents Sydney gay scene in 1970s
- Jesus Christ Superstar Australian Cast – Theatre Photography
- Where is Little Pattie now
- Was Peter Lik’s world record $65 million “Phantom” photograph a good deal?
- John Berger on August Sander, Henri Cartier-Bresson & Paul Strand
- Is it a fake photo Prince Andrew, Virginia Giuffre, and Ghislaine Maxwell
- Gregory Halpern “somewhere between the documentary and fine art”
- How I shot the Queen ° CHOGM 2002 ° Official Queen’s Portrait
