Is it illegal to use someone else's photo on your website?
Generally illegal and a violation of copyright law without express permission.
Using someone else's photo on your website without a license or permission is a violation of federal copyright law. Even if you credit the photographer or link back to the source, you are still liable for infringement unless your use qualifies as 'fair use.' Most commercial and personal website usage does not meet the strict criteria for fair use, making you vulnerable to statutory damages and takedown notices. It is always safer to use royalty-free stock or original content.
RELEVANT LAWS
- 17 U.S.C. § 106Exclusive rights in copyrighted works
- 17 U.S.C. § 501Infringement of copyright
- Digital Millennium Copyright Act (DMCA)Safe harbor and takedown procedures
- 17 U.S.C. § 107Fair Use Doctrine limitations
POTENTIAL PENALTIES
- Statutory damages between $750 and $30,000 per work infringed
- Willful infringement damages up to $150,000 per image
- Mandatory permanent removal of the content via DMCA takedown
- Liability for the copyright holder's legal fees and court costs
JURISDICTION
While copyright is governed by federal law in the United States, right of publicity and likeness laws vary significantly by state.
Under U.S. law, a photograph is protected by copyright the exact moment it is created, even if the photographer never registers it with the Copyright Office.
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FOR EDUCATIONAL & ENTERTAINMENT USE ONLY · NOT LEGAL ADVICE