When searching for images, the search tool you are using typically searches the text that accompanies an image (e.g. the image's upload date, title, tags, photographer name, or its alternative text). This text is also referred to as an image's metadata. An image can have little metadata, making it more difficult to find, or rich and descriptive metadata, which tends to make it easier to locate.
As you search, take a look at some of your results, paying close attention to surrounding text, tags, dates and location. Are there any keywords you should also employ to find similar images? Are there keywords that are returning images you do not find useful? Are there tags you can click on to view similar images?
Before searching for an image, consider what you will be using it for. This will help you identify the type of usage rights you need in order to legally use the image in a given context.
You can ask yourself questions like:
Considering your intended use should inform your search strategy and image selection.
To help ensure that you are using images both legally and ethically, use them in compliance with copyright law and usage guidelines and cite their author.
Icons are from The Noun Project and shared under Creative Commons (CC BY): Copyright by ArmOkay, TH; legal by Made x Made, AU; Public Domain by iconbox89, ID and Creative Commons by Austin Condiff, US.
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.
Examples of copyrightable works include:
- Literary works
- Musical works, including any accompanying words
- Dramatic works, including any accompanying music
- Pantomimes and choreographic works
- Pictorial, graphic, and sculptural works
- Motion pictures and other audiovisual works
- Sound recordings, which are works that result from the fixation of a series of musical, spoken, or other sounds
- Architectural works
These categories should be viewed broadly for the purpose of registering your work. For example, computer programs and certain “compilations” can be registered as “literary works”; maps and technical drawings can be registered as “pictorial, graphic, and sculptural works.”
U.S. Copyright Office. (n.d.). Copyright Basics. [PDF] Retrieved from https://www.copyright.gov/circs/circ01.pdf
Source: U.S. Copyright Office. [U.S. Copyright Office]. (2019, October 30). Copyright on the Internet [Video]. YouTube. https://youtu.be/F_8hKfVgwzg
*See the Creative Commons images page for more information.
Flowchart by Anne Le-Huu Pineault, information adapted from : University of Illinois Library. (2020, August 7). Home . Copyright for Graduate Students LibGuide: Theses and Dissertations. https://guides.library.illinois.edu/copyrightforgradstudents (CC BY 4.0)
Source: U.S. Copyright Office. [U.S. Copyright Office]. (2019, October 30). Fair Use [Video]. YouTube. https://youtu.be/IFhF_tHrj4s
Using a work under fair use does not protect you from being sued for copyright infringement. Fair use is determined by a judge on a case-by-case basis. Each time you plan to use a work under fair use, performing a fair use assessment is a best practice. Here are the four factors considered when determining if a use is fair:
Thinking of using a work under fair use? Review the Is it a fair use? infographic created by the Cornell University Library (CC BY) to get an overview of the elements considered to determine whether each of the four fair use factors leans toward or against fair use in a given context. Then, use the Fair Use Evaluator (online tool) or Fair Use Checklist (worksheet) to perform an assessment.
The term “public domain” refers to creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws. The public owns these works, not an individual author or artist.
How do works fall into the public domain?
- Copyright typically expires 70 years after the death of its author
- The copyright owner failed to follow copyright renewal rules
- It was placed in the public domain deliberately by the copyright owner (also called ”dedication”)
- Copyright law does not protect this type of work.
Stim, R. (n.d.). Welcome to the Public Domain. Retrieved from https://fairuse.stanford.edu/overview/public-domain/welcome/ (CC BY-NC 3.0)
Source: U.S. Copyright Office. [U.S. Copyright Office]. (2019, December 18). What is Public Domain? [Video]. YouTube. https://youtu.be/PMp_-OX15Jc
Source: University of Guelph Library. [U of G Library]. (2018, September 21). What are Creative Commons Licenses [Video]. YouTube. https://youtu.be/srVPLrmlBJY (CC BY-NC-SA 4.0)
BY – Credit must be given to the creator
NC – Only noncommercial uses of the work are permitted
SA – Adaptations must be shared under the same terms [share alike]
ND – No derivatives or adaptations of the work are permitted
Creative Commons. (n.d.). About CC Licenses. Creative Commons. https://creativecommons.org/about/cclicenses/ (CC BY 4.0)