The Image Copyright Mistake That Could Cost Your Small Business

Can I Use That Photo? A Copyright Checklist for Small Business Owners and Content Creators

Something I’m navigating right now in my own business reminded me that copyright confusion isn’t just a “big brand” problem. It happens to small businesses every day, often by accident, and often because nobody ever explained the rules clearly.

So let’s fix that.

Whether you’re a content creator, a small business owner, or someone who just needs images for your marketing, this one’s for you.

Before you use ANY image in your marketing, ask yourself these questions.

Did I take the photo or create the graphic myself, from scratch?

✅ YES? You’re good. You own the copyright the moment you create it. Use it freely.

Did I hire a photographer or designer, AND did they transfer the usage rights to me in writing?

✅ YES? You’re good. But here’s the key: “I paid for it” does not automatically mean “I own it.” Usage rights must be explicitly granted. If you don’t have that in your contract or agreement, follow up and get it in writing.

Did I purchase a stock image or graphic with a license that covers my specific use?

✅ YES? You’re good, as long as you’re using it within the terms of that license. Some licenses allow personal use only. Others exclude commercial use. Know what you bought.

Did I source the image from a subscription service like Canva or Adobe Express?

✅ YES? You’re likely good, but read their usage rights carefully. Most platforms have free-tier and paid-tier content, and the licensing rules can differ. When in doubt, check the license on that specific asset before you publish.

Did I google a concept, find an image I liked, and just… download it?

🚫NO. Stop right there. That image belongs to someone. The fact that it showed up in a Google search does not mean it’s free to use. This is one of the most common (and costly) copyright mistakes people make.

Did I google it or pull it from social media and then edit it in Photoshop or another program?

🚫Still NO. Digitally manipulating someone else’s image to create a derivative work does not transfer ownership to you. If the original work is still recognizable in your final product, especially if it’s the main visual element of your design, you are still infringing on the original creator’s copyright. This includes tracing, filtering, coloring over, or remixing the original.

Is the image part of the Creative Commons?

This one needs a little more explanation because Creative Commons (CC) is a licensing system that allows creators to share their work publicly under specific conditions. Not all Creative Commons licenses are the same.

Here’s what you need to know:

• CC0 means the creator has released the work into the public domain. You can use it however you want, even commercially, with no attribution required. Sites like Unsplash and Pexels offer images under CC0 or similar open licenses.
• CC BY means you can use it, but you must give credit to the creator.
• CC BY-NC means you can use it for non-commercial purposes only, with credit.
• CC BY-ND means you can use it but cannot modify or create derivatives.

To find out if an image is Creative Commons, you can search Google Images and filter by license (under Tools > Usage Rights), or use sites like Creative Commons Search (search.creativecommons.org), Wikimedia Commons, or Flickr’s Creative Commons filter.

Just because something is posted publicly does NOT mean it is Creative Commons. Always look for the license before you use it.

There’s one more way something can be free to use: age.

Works can also enter what’s called the public domain once their copyright expires. In the United States, anything published before 1928 is generally considered public domain, meaning the copyright has expired, and anyone can use it freely, including for commercial purposes.

You may have heard that classic Mickey Mouse, specifically the Steamboat Willie version from 1928, entered the public domain on January 1, 2024. It’s true! After nearly a century, that version of Mickey is now legally available for public use. (Disney still holds trademarks on the modern Mickey, so this gets nuanced fast, but the point stands: copyright does not last forever.)

The challenge is that U.S. copyright law has changed several times over the decades, so the rules for works published between 1928 and 1977 can get complicated depending on whether the copyright was registered, renewed, or published with a notice. When in doubt, look it up or consult a copyright attorney before you use something just because it seems old enough.

Let’s talk about derivative works for a second.

A derivative work is when you take someone else’s creative work and use it as the source or foundation for creating something new. Translating a book, turning a song into a cover, adapting a photo into an illustration, creating fan art based on a character, tracing an image, and redrawing it in your own style. All of that is considered derivative work.

Here’s the part that trips people up: creating a derivative work does not make it yours. If the original was protected by copyright, your version is also protected by that same copyright, and you need permission from the original creator to legally create or distribute it.

So if you found a photo of a local cultural figure, traced it, added your own colors and design elements, and printed it on a t-shirt? That’s a derivative work. And unless you had permission to use the original image as your starting point, you don’t have the right to sell or distribute that design. It doesn’t matter how much you changed it. It doesn’t matter if it “looks different.” If the original work is the foundation, the original creator still has rights.

This is one of the most misunderstood areas of copyright law, and it shows up constantly in small business marketing, merchandise, event graphics, and branding. Click here for US Copyright Office’s: Copyright in Derivative Works and Compilations

The bottom line:

Copyright protects creators. It protects photographers, illustrators, designers, and artists who put their time, skill, and creative vision into their work. Using someone’s image without permission isn’t just a legal risk. It’s taking something that isn’t yours.

If you are ever unsure, don’t use it. Find a licensed alternative, hire a professional, or create something original.

Your marketing is too important to build on a shaky foundation.

Questions about this? Drop them in the comments. I’m happy to talk through it.