Just because an image is easy to download does not mean it is free to use. In Canada, copyright protects photos the moment they are created. The creator controls how the work is used, and that includes selfies taken on a smartphone. Using images without permission or a proper license can lead to takedown demands and costly disputes.
What copyright means in practice
Copyright gives the creator exclusive rights to reproduce, publish, and communicate the work. In Canada, authors also have moral rights, which protect the integrity of a work and the right to be associated with it by name or anonymously. If you use a copyrighted image without consent, you can be liable even if you credit the source or did not realize it was protected. For commercial infringement, Canadian courts can award statutory damages between 500 and 20,000 dollars per work. For non-commercial infringement, courts can award between 100 and 5,000 dollars for all works in the case. This shows why “found it on Google” is not a defense.
Fair dealing and common myths
Canada’s fair dealing is limited. Uses such as research, private study, news reporting, criticism, and education may qualify, but each case is evaluated against six factors, such as purpose, amount, and alternatives. In most business contexts, adding a decorative image to a marketing blog post does not meet fair dealing. The non-commercial user-generated content exception is also narrow. It applies to individuals creating new works for non-commercial purposes, which usually does not cover a business blog.
Is embedding safer than copying?
Embedding an image can still create legal risk. Licenses and rights can apply to embedded content, and you can still breach terms of use or other rights. When in doubt, use images that are clearly licensed for your use or obtain permission.
Safer ways to get images
- Use public domain or openly licensed images where the terms allow your intended use. Follow the license conditions, including attribution when required. Tools like Openverse help you find CC licensed and public domain media, but always verify the license on the host page. Google Images has a Usage rights filter, and you should still click through to confirm the license details. OpenverseGoogle Help
Use reputable stock libraries and follow their licenses. Many allow broad use but restrict resale of unmodified files, endorsement, or use of logos and trademarks. Check each site’s rules before publishing. UnsplashPexelsPixabay
Quick checklist before you post an image
- Identify the source and read the exact license on the host site.
- Confirm your use fits the license, including commercial use, edits, and distribution.
- Give proper attribution when required. Include the title, creator, source link, and license name and link. wiki.creativecommons.org
- Consider releases. If an identifiable person, private property, trademark, or artwork appears, make sure your use is allowed or obtain a model or property release. Stock sites often spell out these limits. PexelsPixabay
- Keep records. Save screenshots or PDFs of the license terms as they appeared when you downloaded the image.
Beyond Google Images: trusted places to find photos
- Openverse. A large, searchable index of CC licensed and public domain images and audio. Verify the license on the source site before use. Openverse
- Wikimedia Commons. Millions of free files with clear license tags and step-by-step reuse guides, including an attribution generator. Wikimedia Commons+1
- Flickr Creative Commons. Filter for images with CC licenses and follow the stated terms and attribution requirements. CC Search
- Unsplash, Pexels, Pixabay. Broad “free to use” licenses, but do not sell unmodified copies, do not imply endorsement, and watch for logos, trademarks, or recognizable people. Review each license page. UnsplashPexelsPixabay
- Smithsonian Open Access. Millions of CC0 images from museums and archives for unrestricted reuse, with some third-party rights caveats. Smithsonian Institution+1
- NASA image libraries. Many images are free to reuse, with restrictions on logos and endorsement. Always check the specific page. NASAEarth Observatory
- Europeana. Aggregates cultural heritage content across Europe. Many items carry clear CC or public domain marks. Check each item’s rights statement. EuropeanaEuropeana PRO
- Library and Archives Canada and Canadian Open Government portals. Look for items under the Open Government Licence. Terms can vary by institution, so read each record. Open Government CanadaOpen Government Portal
Sources and further reading
- Government of Canada, Guide to copyright and moral rights overview. ISED Canada
- Copyright Act of Canada, statutory damages and UGC exception. Justice Laws Website+1
- University library guides on fair dealing and image reuse. guides.library.ontariotechu.caCarleton University Library
Creative Commons attribution best practices. wiki.creativecommons.org - Google Images Usage rights help. Google Help
