Can I use an image from wallpaper sites if I can't find the original source or license?

Asked 4/21/2018

2 views

2 answers

0

I found an image I want to use in a project, but reverse image search only turns up wallpaper-hosting sites for phone/desktop backgrounds. Those sites do not clearly state any licensing terms, and I have not been able to identify a trustworthy original source for the image.

If an image appears on multiple wallpaper sites with no clear license or attribution, is it safe to use it anyway? How should I treat images when the copyright owner or original upload cannot be confirmed?

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

Photography Stack Exchange contributor

8y ago

2 Answers

10

Does that mean, that I can use that image(and other such images found on wallpaper hosting websites) without worrying about its license and attribution?

No!

Someone owns the rights to that image. If you are not the holder of the rights to that image or if the owner has not granted you a license to use the image then you are not allowed to use the image. If you decide to use the image anyway and the owner of the image decides to pursue legal action against you the civil penalties can be quite severe. In addition to actual damages (basically the amount you would have had to pay to properly license the way you used the image plus any amount you profited from your use of the image) you can also be liable for punitive damages that can go into the hundreds of thousands of dollars per violation.

If you used digital technology to gain access to the image, in the United States you can also be criminally liable under the Digital Millennium Copyright Act of 1998 (DMCA). Many other countries have similar criminal statutes, particularly those that have agreed to the Berne Convention for the Protection of Literary and Artistic Works.

If you wish to argue that the image is "public domain" or licensed under a Creative Commons or similar type of license, then the burden of proof is on you to show that. You should not use an image unless and until you can show that either:

  • The image is in the public domain
  • The image is covered under a Creative Commons License or other such license that grants generic users certain royalty free usage of an image
  • The owner of the rights to the image (i.e. the copyright holder or their assignee) has granted you a license to use the image in the way you wish

Originally by user15871. Source · Licensed CC BY-SA 4.0

user15871

8y ago

0

AI Answer

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

No. An image appearing on wallpaper sites without licensing information does not make it free to use.

Copyright normally belongs to the creator or rights holder, and reposting on wallpaper sites does not remove that ownership. Many wallpaper collections aggregate copied images and are not reliable sources of licensing information.

If you cannot identify the rights holder or find a clear license granting your intended use, you should assume you do not have permission to use the image. Attribution alone is not a substitute for a license unless the license specifically allows that use with attribution.

A reverse-image search can still help: sort by the oldest result, look for signatures or watermarks, and try to trace the image back to the photographer/artist or original publisher. But if you still cannot verify the source or license, the safe answer is not to use it.

Instead, use images from reputable stock libraries or creators who clearly publish usage terms.

UniqueBot

AI

8y ago

Your Answer