Many businesses and content creators take photos from Instagram or Facebook to use in ads or marketing without realizing those images belong to someone. Under Section 13 of the Copyright Act 1987, the original creator holds exclusive rights over how their images are used. Social media does not mean free to use. If you use someone’s photo for business without permission, they can legally claim damages or sue.
Viral Doesn’t Mean Free. Every Image Still Has an Owner.
Just because a photo is viral does not make it free to use. The copyright still belongs to the original creator. If you reuse that image for commercial
purposes like ads, posters or business pages, you are at risk of copyright infringement unless you have written consent.
Found It on Google — Can You Use It Freely?
Google Image Search is not a copyright-free gallery. Most images there are pulled from other websites and are still copyrighted. Saving and using them for your business without permission puts you at legal risk. The creator or owner can take legal action.
Using Customer Photos? You Must Get Written Consent.
In digital marketing, many business owners like to share customer photos — smiling after service, holding a product, or as testimonials. While the intention is good, many forget a critical legal step: getting written consent.
A customer’s image is considered personal data. Using it without
permission can breach the Personal Data Protection Act 2010 (PDPA).
And if the photo was taken by the customer themselves, they may also own the copyright to it.
Always request written consent, and keep the documentation. It’s not just about legal safety — it also reflects
professionalism and respect for your customer’s rights.
You Edited the Photo — Is It Still Illegal?
Many assume that editing a photo — cropping, color changes, or adding text — makes it their own. But this is a major misconception.
Under copyright law, modifying a work does not eliminate the rights of the original creator.
As long as the original image is still recognizable or a substantial part is used, legal ownership remains intact. This includes memes, parodies, or
motivational posts with background images.
If you’re unsure about the origin of an image, don’t use it — even temporarily. It’s not worth the legal risk.
Want to Stay Safe? Use Images the Legal Way.
This is simple but often neglected — using images legally and responsibly.
Many small business owners skip this step and end up facing lawsuits. Here are three best practices to stay safe:
Use royalty-free image platforms like Unsplash, Pexels or Canva Pro. These are free for commercial use, but always check the license terms.
Get written permission when using images from customers, influencers, celebrities or photographers. A formal email, consent form or license agreement works best.
Keep records of permissions — email threads, receipts, or signed release forms.
Don’t underestimate the risk. One image used unlawfully can lead to a lawsuit worth thousands. Protect your brand and your reputation.
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