When you are conducting certain business matters and you need to download images from Google or other websites located in other countries, you need to be aware of whether you may breach the copyright of those images.
Downloading images from Google
Generally, if you want to download and use images from Google, you are not allowed to do so without seeking permission from the copyright owners. Nevertheless, if such usage falls within one of the exceptions under the Copyright Ordinance (Cap. 528) (e.g. news reporting, education, private study and quotation) or the work has been distributed under an open licence (e.g. Creative Commons licence, see “What is a Creative Commons licence?”), you can download and use the images.
As Google is simply a search engine that provides you with the relevant results for your search, the copyright owners may not have uploaded their images to Google for free use by the public. To ensure that you are using the Google images legally, it is best to assume that all the images are protected by copyright. Then, you should conduct your own research by taking the following two steps:
- Determine whether the image is protected by copyright; and
- If the image is protected by copyright and no licence is attached to it, you need to obtain permission from the image’s owner before you can use it.
However, you may see the name of the copyright owner or may be redirected to the source website if you click on the image. Then, you may find the copyright owner’s contact so that you can ask them for permission. Alternatively, you may filter your search results on Google Image by selecting usage rights. In some instances, your research may reveal that no permission is required for you to use the image (e.g. photos and images in the public domain).
Therefore, you should be aware of and comply with the copyright law in Hong Kong (i.e. the Copyright Ordinance (Cap. 528)) and ensure that any usage of images from Google or any other website does not amount to copyright infringement. Otherwise, you may risk being sued by the copyright owners of the images.
Key takeaways
- It is better to assume that all the images are protected by copyright. You should conduct your own research to ensure that permission is obtained from the owner of the images if no licence is attached to them.