Copyright and Images on Your Business Website
Most business websites are built from a mix of words, photos and graphics. Some of it you made yourself and some of it came from somewhere else. That second group is where problems start. A photo lifted from a search result can lead to an awkward letter asking for payment.
The good news is that the basic rules are not hard to follow. Copyright in Australia is set by one national law, the Copyright Act 1968. Once you know who owns what, you can build pages and social posts with far less worry. This guide covers the main points in plain terms.
How copyright works in Australia
Copyright protects original writing, images, music and film. According to the Attorney General’s Department guidance for copyright owners, protection is free and automatic in Australia. There is no formal registration system. Websites that charge a fee to “register” your copyright have no authority to guarantee protection here.
The rights start when the material is first created. They let the owner control copying, publishing and communicating the work to the public, which includes putting it online. A © mark is not legally required. Leaving it off does not mean the work is free to use.
Copyright protects the way an idea is expressed, not the idea itself. A concept for a campaign is not protected. The written script, the photos and the finished design usually are. So you can borrow an approach, but you cannot copy the actual material.
Finding an image online does not make it free
A common mistake is to assume that anything published online can be reused. Material that is freely available is still owned by someone. To copy it you need permission, a licence or an exception under the Act. That applies to photos, illustrations, icons, fonts in image form and blog text.
This matters for social media as much as for your website. Sharing another business’s photo as if it were your own is copying. A screenshot of an article is still a copy of that article. Your safest habit is to use material you own or have a clear licence for.
Who owns the photos and words you paid for
Ownership can surprise people. The Legal Services Commission of South Australia explains in its Law Handbook section on who owns copyright that the creator is usually the owner. The main exception is work made by an employee in the course of their job, which the employer owns.
Commissioned work is where many businesses get caught out. The person who commissions owns copyright in photos and portraits taken for private or domestic purposes. For other commissioned work, the default is that the creator keeps copyright. A photographer you hire for business shots may own those images unless you agree otherwise.
A written agreement can change the default position. An assignment of copyright must be in writing. If you would rather hold a licence, the agreement should say where and how long you can use the work. The same thinking applies to a designer who creates your logo. If you are planning one, our notes on designing a business logo are a useful starting point.
Stock libraries and licences
Stock photo libraries sell licences, not ownership. Each licence sets out what you can and cannot do with an image. Some allow use on a website but not in paid ads. Others limit print runs or forbid use in a logo.
Read the licence before you publish, then keep a copy of it. A simple spreadsheet works well. Record the image name, where it came from, the licence type and the pages where it appears. If you are ever asked to show permission, you will have the answer ready.
Free image sites also have licence terms. Some ask for credit to the photographer and some do not. Check each image, because a site may host photos under different terms. If the terms are unclear, choose another image.
Protecting your own content
Your own blog posts, product photos and videos are protected the moment you create them. Adding a © notice is not required, but the guidance suggests it is a good idea. It reminds visitors that the material belongs to someone. It also tells them who to ask for permission.
Original material is also the best kind for your marketing. Your own photos show real work and real people. Fresh writing gives visitors something they cannot find elsewhere. A steady habit of publishing your own posts is covered in our piece on how to create a successful business blog.
Video deserves the same care. Background music is usually protected, and so is footage filmed by others. Use music from a licensed library or a platform’s approved audio list. Our article on short form video marketing looks at why video has become so popular.
Moral rights and giving credit
Creators also have moral rights under Australian law. These cover the right to be named as the author and the right not to have the work falsely credited to someone else. They also protect the integrity of the work. Moral rights cannot be assigned or licensed to another person.
In practice, this means credit the photographer or writer where the licence asks you to. Avoid cropping or editing a work in a way that damages it. Never put your own name on something another person created. These small steps keep you on the right side of the creator.
What to do if you get a demand letter
Owners who think their work has been copied can contact the business directly or take the matter to court. The Attorney General’s Department notes that it does not enforce copyright or investigate claims itself. That means disputes are usually handled between the parties. Legal advice may be needed if a matter cannot be settled informally.
If a letter arrives, do not ignore it and do not panic. Check whether the image is really on your site and where it came from. Look for any licence or invoice you hold. Then get advice before you agree to pay or reply in detail.
A quick checklist before you publish
Running through a short list before each page goes live saves trouble later. It takes a few minutes once it becomes routine. Keep it near your content calendar.
- Did you create this image or text, or do you hold a written licence for it?
- Does the licence cover this use, such as a website, social post or paid ad?
- Does the licence ask you to credit the creator?
- If you paid a photographer or designer, does your agreement say who owns the work?
- Have you saved a record of the source and licence?
Setting these habits early is easier than fixing problems later. If you are just setting up, our guide to starting an online business covers the other basics. Clear records of where your content came from are part of running a tidy business. They also make it simple to hand the site to a new designer.
Frequently asked questions
Do I need to register copyright in Australia?
No. Protection is automatic once the work is created in material form. There is no official register to join.
Can I use an image if I credit the photographer?
Not on its own. A credit is not the same as permission. You still need a licence or the owner’s consent.
Who owns photos a photographer takes for my business?
For commissioned work that is not for private or domestic purposes, the photographer usually keeps copyright. A written agreement can change this. Check yours before you rely on it.
Is my website copy protected?
Yes. Original writing is protected automatically. A © notice is optional but helps show the content is yours.
This article is general information only and is not legal advice. Copyright law and its application can change, and every situation is different. Please speak with a qualified lawyer about your own circumstances.
