How to Know If an Image Is Copyrighted And Use It Safely

by Lina Thorne • Updated 12/2/2025 · Posted in Photography

Say, you’re designing a presentation or creating content for your blog, and you need that perfect image. A quick Google search will give you millions of results. It’s tempting to just right-click and save. But in that moment, the doubts kick in, and you wonder: “Is this image copyrighted?”

The short answer is: “Yes, it probably is”.

Yep, just because someone posted an image online doesn’t mean you can do whatever you want with it. Moreover, using it without permission could lead to anything from a simple takedown notice to a costly lawsuit.

Do you want to avoid trouble? This guide will help you with that.

Here, you’ll learn:

What a copyrighted image is.
What “fair use” really means.
How to check if an image is copyrighted.
How to safely use public domain and Creative Commons images.
Where to find copyright-free or clearly licensed images.
How to protect your own images.

By the end, you’ll have all the key information you need.

What Exactly Is a Copyrighted Image?

Copyright is a form of legal protection granted to the creator of an “original work of authorship,” which includes photographs, illustrations, and graphics. The moment an image is created and fixed in a tangible medium (saved to a hard drive or printed), it is automatically protected by copyright in most countries, including the United States.

This means that the creator or the copyright holder has the exclusive right to:

Reproduce the image.
Distribute copies of the image.
Create derivative works based on the image (e.g., edits, collages).
Display the image publicly.

Using someone else’s image usually requires permission or a license, unless an exception (like fair use/fair dealing) or a special license (like Creative Commons) applies.

In most modern copyright systems (US, EU, UK, and many others), protection is automatic as soon as the work is created and saved/recorded. No registration, watermark, or © symbol is required.

So:

No watermark ≠ free to use
No copyright symbol ≠ public domain
“Found it on Google” ≠ permission

Are All Images Copyrighted?

The short answer is: “Assume an image is copyrighted unless you clearly know it isn’t.”

Since copyright is automatic and lasts a long time (often the life of the creator plus 70 years), statistically most images you see online are copyrighted.

There are, however, two primary categories of images that are free of copyright restrictions:

Public Domain Images. Works that are not protected by copyright.
Images with Open Licenses. Such as Creative Commons, which grants specific usage rights upfront.

We’ll tell you more about these categories in a minute.

What Is Fair Use, And Does It Apply to Images?

In the United States, Fair Use is a legal doctrine that allows limited use of copyrighted material without permission for things like criticism, commentary, news reporting, teaching, and research. Many other countries have a similar legal doctrine, which exists under the name of Fair Dealing. Usually, it has stricter and more specific exceptions.

Does it apply to images? Yes.

But whether a use qualifies as “fair” is not a simple yes or no. It depends on a balanced evaluation of four key factors:

The purpose and character of the use: Is it transformative (adds new meaning, context, or value)? Is it for a non-profit or educational purpose?
The nature of the copyrighted work: Highly creative works (art, photography) get stronger protection than overly simple works.
The amount and substantiality of the portion used: Using a small, low-resolution portion of an image is better than using the entire, high-res work.
The effect of the use on the potential market: Does your use deprive the creator of income or potential licensing opportunities?

Think of a teacher using a famous Vincent van Gogh painting in an art history presentation. That’s a classic example of fair use. It’s for education, and showing the whole image in a classroom does not harm the market value of the original artwork. But if a coffeeshop used that same image on their mugs to sell, that would be a clear violation.

How to Check If an Image Is Copyrighted

Here are the steps you can take to check an image’s copyright status.

1. Look for Watermarks and Copyright Symbols

First things first, take a closer look at the image. Many copyrighted images are protected with a watermark – a semi-transparent logo or text often placed in a corner, somewhere in the background or across an image.

The copyright symbol (©), the word “Copyright,” or the abbreviation “Copr.” along with the year and name of the owner is also a dead giveaway that the image is protected.

Don’t make the mistake of thinking that an image without a visible watermark or the copyright symbol is free to use. Some copyrighted images don’t have them.

Another important thing to note here is that removing or obscuring watermarks is illegal. It can be treated as evidence of willful infringement.

2. Examine the Metadata

Digital photos contain hidden metadata embedded by the camera or software. The hidden metadata (EXIF, IPTC, XMP) can include:

Photographer’s name
Copyright owner
Contact info or website
Creation date and camera settings.

Finding the creator’s details in the metadata is great since it allows you to contact them directly to ask for permission or purchase a license.

Here’s how to check the metadata:

You need to download the image first.
On Windows, right-click the file, select “Properties,” and then click the “Details” tab.
On a Mac, open the image in the Preview app. Then, from the top menu, click “Tools” and select “Show Inspector.” Click the ⓘ icon and look for the “EXIF” tab.
Alternatively, you can use free online tools like MetaData2Go or desktop apps like ExifTool.

Please note that in some cases, metadata can be removed. For instance, Instagram removes metadata automatically. Hence, the metadata of an image downloaded from Instagram will be empty. But it doesn’t mean that you can use it freely.

3. Make Use of the Google Reverse Image Search

This is one of the most powerful tools at your disposal.

Here’s how to do it:

Go to images.google.com.
Click the camera icon (Google Lens).
Choose one of these: Paste the URL of the online image, or Upload the image file from your device.
Google will show you where else the image appears online. If it leads to a stock photo website like Shutterstock or Getty Images, it’s definitely copyrighted. If it appears on an individual photographer’s portfolio, it’s copyrighted.

This search will help you find the original source and figure out whether you need to purchase a license to use it or not.

4. Check the Source Website’s Licensing Information

Always pay close attention to the website where you found the image. Reputable websites often provide clear licensing terms. Look for a “Terms of Use,” “Licensing,” or “Legal“ section, usually linked in the website’s header or footer. Read the website’s Terms of Use, FAQ, or Licensing pages.

Also, check the image’s caption for a credit or a link to the license (like a Creative Commons badge). If the rules aren’t clear, your safest bet is to contact the website owner directly and ask about permissions.

5. Check Copyright Databases

For older or historically significant works, you can search official copyright databases. In the U.S., you can use the U.S. Copyright Office’s online catalog. Some countries have similar copyright registries.

Before you search, try to gather key details about the image, such as the artist’s name, the title of the work, and its publication date. This will make your search much more effective.

A word of caution: Not finding an image in the database doesn’t mean it’s free to use. Copyright is automatic, and many modern digital images are never formally registered. If your initial search comes up empty, try broadening it by using fewer search terms.

This method is most reliable for verifying the status of well-documented or older images rather than casual photos found online.

How to Use Public Domain and Creative Commons

Both Public Domain and Creative Commons are great for content creators. But you need to know what they are and how to use them.

Public Domain images are creative works that are not protected by copyright. You can use them for anything without needing to ask permission, give credit, or pay a fee. A Public Domain image can be used commercially and non-commercially as well as modified, printed, resold, etc.

How does an image enter the Public Domain? It usually falls into one of these categories:

The copyright has expired (e.g., works published before 1928 in the U.S.).
The work was created by the U.S. government.
The copyright owner deliberately dedicated it to the public domain.
The work is ineligible for copyright protection (e.g., a simple, non-creative snapshot).

However, other rights (trademark, privacy, moral rights) can still matter if, for example, a real person or brand appears in the image.

When in serious doubt, consulting an attorney is always the safest bet.

Creative Commons (CC) is a system that allows creators to keep their copyright while giving the public specific permissions to use their work. It’s designed to make sharing easier online. You’ve likely encountered this with music on social media, where artists use CC licenses to allow creators to use their songs in videos.

There are several types of CC licenses, and you must understand what they allow:

CC0: “No Rights Reserved.” The creator has waived their rights, and the work is in the public domain.
CC BY: You can use and even change the image, even for commercial purposes, as long as you credit the creator.
CC BY-SA: Requires attribution, and any new works you create must be licensed under the same (ShareAlike) terms.
CC BY-NC: Requires attribution and is for non-commercial use only.
CC BY-ND: You can copy and share the image, even commercially, but you cannot change it in any way, and you must provide attribution.
CC BY-NC-SA: You can modify the image, but only for non-commercial purposes, and you must license your new work under the same terms.
CC BY-NC-ND: The most restrictive. This license only allows you to download and share the image with credit. You cannot change it or use it commercially.

How Do I Know If an Image Is in the Public Domain?

Determining this can be tricky, but here’s your checklist:

Check the Source. Reputable websites like the Wikimedia Commons, Internet Archive, and NASA clearly label the copyright status of their images.
Look for a Public Domain Mark. Some websites use a logo like “PD” or “Public Domain Mark.”
Check for a CC0 License. This is a clear statement that the work is dedicated to the public domain.
Consider the Age. In many countries, copyright usually lasts for the life of the author plus 70 years. For corporate/anonymous works, terms like 95 years from publication or 120 years from creation may apply (US). If a painting is clearly from the 19th century or earlier, it’s probably in the public domain.

Be more cautious if:

The image is on a random blog claiming “public domain” without citing a source.
There’s no explanation of why it’s public domain.

Where Can I Find Copyright-Free or Clearly Licensed Images?

Stick to these reputable sources:

Free Photo Stocks: Unsplash, Pexels, Pixabay. Check the licensing terms; some might require attribution.
Creative Commons Search: Use the search at search.creativecommons.org.
Public Domain Repositories: The Library of Congress, Wikimedia Commons, NASA Image and Video Library, Rijksmuseum, Internet Archive, etc.

If you need very specific, unique or high-quality images, consider using a paid photo stock. You’ll pay for clear, legal licensing. Here are some options:

How Can I Protect My Own Images?

If you’re a photographer, artist, or designer, you also want to prevent others from misusing your work. Keep in mind:

Your Copyright is Automatic. As soon as you create and save your photo/illustration, you own the copyright, assuming it’s not a work-for-hire and you haven’t signed it away.
Add Visible Copyright Information. Add a subtle watermark or embed copyright info into the metadata. Preferably both. Apps like Watermarkly and Visual Watermark can help you with that.
Keep High-Res Originals Offline or in secure storage. Publish smaller, lower-resolution versions of your works online.
Register Your Copyright. For valuable work, register it with the U.S. Copyright Office (or a similar office in your country). In some countries (like the US), registration with the copyright office gives you legal benefits if you ever need to sue.
Publish Clear Licensing Terms on your website or portfolio. State you hold copyright. Explain how people may license your images. If you offer any free use, spell out the conditions clearly.
Use Reverse Image Search. From time to time, search for your own work to find unauthorized uses. Services like Pixsy or TinEye can help automate the monitoring process.
Enforce Your Rights Strategically. Depending on the situation, you should start with a polite email asking for removal or a license, send a formal cease and desist, use platform reporting tools (DMCA takedown notices). In serious, commercial cases, consult a lawyer. File a lawsuit, if needed.

In Conclusion

Navigating the world of image copyright is about being smart and respectful. The internet is a giant creative playground, and now you know how to enjoy all the amazing images it has to offer without accidentally breaking the rules.

Remember, the safest bet is to always assume an image is copyrighted until you learn otherwise. But with the tools and resources we’ve talked about (like reverse image search, looking for watermarks, and checking metadata) you not only protect yourself from legal trouble but also show respect for the creativity and hard work of fellow artists and photographers.