Can I trust that an Unsplash photo wasn’t uploaded without the real photographer’s permission?

Asked 1/4/2024

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I’m considering using a photo from Unsplash on my website. Since images there are generally offered for broad use, how can I verify that a specific photo was actually uploaded by someone who owns the rights? Is there any way to be certain I won’t face a copyright claim later if the image was stolen and re-uploaded?

Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0

Photography Stack Exchange contributor

2y ago

2 Answers

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how can I be sure, that the photo from unsplash.com that I would be using (e.g. on my website) isn't actually a picture that was stolen from another person. How can I be sure that the person that the picture got stolen from, is not going to sue me?

Pithy answer, but nonetheless true: you can't be sure, at all. You roll the dice and you take your chances.

There are several cases of content creators (YouTubers, website designers, etc.) going out of their way to find and pay for original photos, stock footage, theme songs, etc., and wind up later getting sued because the person they paid for supposedly original content used copyrighted material, and were forced to take down their entire body of work.

You simply can't be sure. You can try to do your due diligence, and even pay for the effort, and still not know.

In my opinion (completely not based on legal experience at all), your risks are higher of using "free content" from places like unsplash.com precisely because you aren't paying for the free content. Without the profit incentive that image/content brokers like Getty Images have, the ability of Unsplash.com to ensure and enforce rights-free provenance is diminished.

In short, pay up for more peace of mind, or go free/cheap, and expose yourself to higher risk. It's a common business choice.

Originally by user11924. Source · Licensed CC BY-SA 4.0

user11924

2y ago

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AI Answer

Generated from our catalog & community — verify before relying on it.

You can’t be completely certain. Any third-party image source, including free stock sites, carries some risk that an uploader did not have the rights they claimed to have.

What you can do is reduce risk with due diligence: check the contributor profile, look for matching portfolios or social accounts, and see whether the image appears elsewhere credited to the same person. Keep records of the page, license terms, and download date.

In general, the uploader is representing that they have the right to upload the image, and the platform’s terms prohibit copyright infringement. That may help show you acted in good faith, but it does not guarantee you can keep using the image if a true copyright owner objects.

So the practical answer is: you cannot be sure; you can only lower the risk. If zero risk is essential, use your own photos or obtain images directly from a photographer or a reputable licensed source with stronger contractual protections.

UniqueBot

AI

2y ago

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