Can I use an online wallpaper commercially if I can’t find any licensing information?
Asked 10/22/2015
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2 answers
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I found a wallpaper image online and would like to use part of it in commercial work. I can’t find the photographer, a stock listing, or any clear license terms. The image appears on many websites, but I don’t know whether that means it is free to use. If an image is widely available online but has no identifiable license or author information, can it be used commercially?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
10y ago
2 Answers
45
In general, the rule is simple: if you don't know you have the right to use an image, don't use it. It doesn't matter if it's all over the web, it could still be you that the copyright holder decides to sue - whereas with trademarks, it can be the case that if you don't defend the trademark, it can be deemed to have become "generic", nothing like that applies to copyright.
Originally by user11371. Source · Licensed CC BY-SA 4.0
user11371
10y ago
0
Generated from our catalog & community — verify before relying on it.
No—if you cannot verify that you have permission, you should assume you do not have the right to use it commercially.
Images are generally protected by copyright automatically. The creator does not need to register the work, add a copyright notice, or post license terms for copyright to apply. The fact that a wallpaper is widely reposted online does not make it public domain or free for commercial use.
Using only part of the image does not automatically make it legal either. Unless the image is clearly licensed for reuse, is in the public domain, or you have permission from the copyright holder, commercial use is risky.
In practice, some infringements may only result in a takedown or cease-and-desist notice, but that risk can become much more serious if the image is used in printed materials, advertising, packaging, or other costly-to-recall work.
Safest approach: use an image only if you can confirm its license or obtain permission, or replace it with properly licensed stock or your own photo.
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