Hey small business owner, are you up to speed on what you can and can’t do when it comes to image licensing? A lot of people aren’t. One day you’re throwing up a meme on social media that contributes to the latest viral trend, and the next thing you know, you’re in hot water for using an unlicensed image. It’s more common than you think, and it’s easy to mess up if you don’t know what you’re doing.
If you want to keep things on the up-and-up and avoid any legal drama, let’s explore the basics of image licensing.
The Risks of Using Unlicensed Images
Here’s the deal—every image on the internet doesn’t automatically belong to the public. Just because you can right-click and save doesn’t mean you can actually use that image. When you use an image without the proper license or permission, you’re essentially using an unlicensed image. That’s where the trouble starts.
Now, I get it. Maybe you think, “Who’s going to notice? I’m just a small business. No one’s going to come after me.” That’s where you’d be wrong. Content creators, stock image companies, and copyright holders have systems in place that can detect unauthorized use. They’re not always looking for the “big fish” either—small businesses are fair game, too.
Using an unlicensed image could lead to a copyright infringement claim, and trust me, no one wants that. It’s not just about being sued (though that could happen)—it’s also about protecting your money, since you might be asked to pay a fine in addition to image’s licensing cost. It can be a nightmare, but it’s completely avoidable.
The best thing you can do is make sure any image you use is licensed correctly. I don’t personally think it’s worth the gamble.
Fair Use vs. Commercial Use: What You Need to Know
You might have heard the term “fair use” thrown around and assumed it protects you. But here’s the deal: fair use doesn’t apply to small businesses in most cases.
Fair use is a legal doctrine that allows limited use of copyrighted material without permission, mainly for things like commentary, criticism, or educational purposes. But if you’re using an image to promote your business or your products (i.e., for commercial gain), fair use is out the window. You need a license for that image, no exceptions.
When you’re using images for anything remotely tied to making money—whether it’s your website, social media, or ads—you need to either buy the image, use a free image from a reputable site that grants commercial use rights, or make sure you’re following the correct guidelines.
The Meme Trap
Memes are everywhere, and it’s super tempting to hop on a viral trend for your business. Who doesn’t want more engagement, likes, and shares? Memes can be gold for that, and we’re all chasing those sweet, sweet views Mosseri told us we need now. But here’s the kicker—if you’re using an unlicensed image in a meme, you could be setting yourself up for a legal trouble. It might seem harmless, but remember, you’re using that image to promote your business.
Let’s say the meme you want to use features a stock photo or someone’s copyrighted material. Unless you’ve licensed (paid for) that image, you’re risking a copyright infringement notice. Sure, you could roll the dice and hope no one notices, but is that a risk you really want to take?
The Moo Deng Dilemma
Speaking of trends, let’s talk about Moo Deng—the adorable pygmy hippo that stole our hearts. I was all set to create a meme about her for a post, but then I remembered: I’d need to license her photo. I can’t just grab any old picture of her and call it a day.
As a small business, you have to play by the same rules as the big guys. The moment you use an image for commercial purposes, the fair use rule flies out the window.
When I went to see how much money I’d have to fork over for a Moo Deng image as someone with fewer than 1M followers, I was shocked to learn how much it cost.
Don’t Forget Your Website
Unfortunately, your website is in the same boat. Every image you use on your site must be properly licensed. This brings me to a common misconception with stock image licensing sites like Death to Stock. While they offer stunning photos, there’s a catch: if you cancel your subscription, you lose the right to use the images. That’s right. Once your membership ends, those beautiful photos could get you in trouble if you don’t swap them out. And I hate that.
Top 3 Affordable Image Licensing Sites
Now that I’ve scared you a little, 👻 let’s talk about where to find image licensing options that won’t cost you an arm and a leg. There are tons of options out there, but here are my top three picks for affordable stock imagery:
- Pexels: Pexels is a great option for small businesses on a budget. It’s free, offers high-quality images, and everything is submitted by photographers around the world. This is my go-to stock imagery site.
- Unsplash: Another (mostly) free favorite. Unsplash is pretty similar to Pexels, offering a massive library of crowd-sourced photos.
- Canva Pro: If you’re already using Canva for your design work (and who isn’t these days?), their Pro plan includes access to a huge library of stock images. It’s a paid option, but you get design tools and imagery in one neat package.
Why Getty Images Isn’t Always Ideal
What about the big names, like Getty Images? We’ve all heard of them, but—Getty’s pricing on image licensing can be a little intense for small businesses. When I looked into licensing a photo of Moo Deng through Getty, the cost was way out of reach for someone with fewer than a million followers. It’s an option if you’re a larger business with a big budget, but for most small businesses, affordable alternatives like Pexels and Unsplash are the way to go.
A Note on Crediting Photographers
If you’re seeking (free) image licensing from sites like Pexels or Unsplash, it’s always a nice gesture to credit the photographer. Sure, it’s not required, but it’s a good practice that supports the photography community. Consider adding a small credit at the bottom of your post or in the caption. It’s an easy way to show appreciation, and who knows—it might even increase your credibility with your audience.
In Conclusion
It’s better to be safe than sorry when it comes to potential legal issues, and thankfully, there are plenty of affordable ways to access high-quality, licensed images without risking a lawsuit.
Until next time! Me and Moo Deng love you <3
—Lauren Crow
P.S., Want to learn how Considerate Support can help you source brand-aligned stock photography for your brand? Get in touch.
P.S.S., Instead of licensing a photo of Moo Deng, I went the homemade illustration direction.
