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Problems with Creative Commons images occur frequently

You may use Creative Commons images, but only within the terms of the specific license. If you go beyond these terms — for example, commercial use under a 'non-commercial' license or without attribution — you are still committing infringement. The problems...

Published on May 26, 2022 by MKBjuristen.nl
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You may use Creative Commons images, but only within the terms of the specific license. If you go beyond these terms—for example, commercial use under a 'non-commercial' license or without attribution—you are still committing infringement. Problems often arise from not reading the license properly.

What is Creative Commons?

Normally, you need permission from the copyright holder to use an image. With a Creative Commons (CC) license, the creator grants that permission in advance, subject to certain conditions. There are various CC licenses, with different requirements. Which one applies determines what you may and may not do.

Pay attention to the license terms

The best-known conditions are: attribution (BY) — you must credit the creator; non-commercial (NC) — no commercial use; no derivative works (ND) — you may not modify; and share alike (SA) — you must share your modification under the same license. A license can combine several of these requirements.

Common mistakes

The biggest pitfall is using an image with a 'non-commercial' license for business purposes, for example on your company website or in advertising. Forgetting the mandatory attribution, or making an edit under an ND license, also constitutes infringement. And note: not every site that offers images 'for free' provides a valid license.

This is how you use CC-werk safely

Check which CC license applies to each image, read the terms, and adhere to them: credit the creator, use commercially only what is permitted, and retain proof of the license and source. If in doubt, choose images with a clear, broad license or your own material.

Frequently Asked Questions

Am I allowed to use a Creative Commons photo for business purposes?

Only if the license permits commercial use. With a 'non-commercial' (NC) license, this is not allowed.

Do I need to credit the creator?

With most CC licenses (BY), yes. If you forget to include attribution, you are infringing.

Is free imagery always free to use?

No. 'Free' does not mean royalty-free. Always check the exact license and source.

Arrange for safe image usage?

Our legal experts advise on copyright and licenses. View our copyrightteam, have a license agreement drafted, or schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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