Copyright Considerations: Using Credited Images with Watermarks

The question of whether it is legal to use a copyrighted image that has a watermark can be complex, but in most cases, the answer is clear. When you encounter a copyrighted image with a visible watermark, using it without the owner's permission is considered copyright infringement. This article aims to clarify the legal and ethical considerations surrounding the use of watermarked images and what steps you can take to legally use or access such content.

Understanding Copyright and Watermarks

Copyright arises the moment an original creative work is created and fixed in a tangible form. Whether or not a watermark is present has no bearing on the copyright status of the work. A watermark is essentially a notice to you informally alerting you to the existence of a copyright and the intention of the owner to enforce their rights.

Although removing a watermark may seem like a way to bypass copyright restrictions, doing so is not only illegal but also an indication of willful infringement. Willful infringement occurs when you knowingly use a copyrighted work without the owner's permission, and this action can be punished with enhanced damages. According to U.S. law, statutory damages for copyright infringement can range from $750 to $30,000 per infringement, with the amount increasing to $150,000 for willful infringement.

Legal Trespassing Analogies and the Absence of Watermarks

The use of a watermark can be compared to signing a no-trespassing sign. Just as you would not assume you have permission to enter private property without the sign present, you cannot assume you have permission to use a copyrighted image with a watermark. The presence or absence of a watermark does not change the fundamental fact that the image remains under copyright protection.

Even in cases where a no-trespassing sign is obscured, it does not give you permission to enter the property. Similarly, removing or obscuring a watermark does not legalize the unauthorized use of the image. As legal expert

Respecting Copyright: What You Can Do

The safest and most ethical approach is to respect the copyright owner's rights and obtain permission before using any copyrighted image. Here are some steps you can take:

Identify the Owner: Look for the watermark or any visible identifier that provides the copyright owner's information. Locate the Owner's Site: Use the information to find the owner's website or contact information. Review the Terms of Use: Read the owner's terms of use for the image to understand the specific permissions and requirements. Purchase Licenses or Subscription: Pay the required licensing or subscription fee to legally use the image.

Proper use of the image should involve obtaining the necessary licenses and adhering strictly to the owner's terms. Failure to do so can invalidate the license and result in legal consequences.

Ethical Practices in Image Use

Ethical graphic designers and webmasters understand the importance of respect for copyright and follow best practices. Cropping out or obscuring a watermark is often seen as bad form and a sign of a lack of understanding of proper design and ethical practices. Using a low-resolution image and then attempting to hide the watermark is especially problematic because it demonstrates a lack of respect for the owners and the content.

If you do not understand these basic rules, it may be best to consult a professional. Working without knowledge of proper copyright usage can lead to significant legal and reputational risks. Consulting with a qualified attorney can also provide you with more specific guidance based on your particular situation.

Conclusion

While the concept of fair use exists, it is an extremely narrow exception that has been further limited by recent legal rulings. Claiming fair use does not provide carte blanche to use copyrighted material without permission. Respecting the copyright of any image, regardless of the presence or absence of a watermark, is the most responsible and legally sound approach.