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Is This Copyright Infringement? Quick Screen for Photos, Logos & Clips
Copyright infringement can be confusing. Maybe you posted a logo, used a clip in a video, or shared a photo online, and now someone’s claiming ownership or has sent a copyright claim if they believe their work has been used without permission or unauthorized use. Before you panic, it helps to know how to tell whether what you shared could really count as copyright infringement.
This guide gives you a simple checklist to screen photos, logos, and clips so you can quickly judge whether content is likely eligible for copyright removal. You’ll also learn what to do if your work was used without permission, and how to file a takedown request effectively.
What Is Copyright Infringement?
Copyright infringement happens when someone uses a protected work such as a photo, video, song, or logo without written permission from the creator or rights holder. The law gives creators automatic rights to control how their work is copied, displayed, and distributed copies. These are known as exclusive rights under copyright laws, which protect the intellectual property and owners rights of the copyright owner or copyright holder.
If you use content without a license or authorization, it may violate copyright law unless your use qualifies for an exception such as fair use.
Examples of copyright infringement:
- Uploading someone’s photo without credit or permission.
- Using a brand logo in your marketing material.
- Reposting a YouTube clip or TikTok video without consent.
- Copying text, design, or visuals from another website.
Copyright owners and copyright holders can enforce their exclusive rights and legal rights if their intellectual property is used without permission.
Why You Should Care About Copyright
Even unintentional use of copyrighted material can have serious consequences:
- DMCA takedown notices: Your post, video, or account could be removed.
- Financial penalties: The creator could demand statutory damages, seek financial compensation, or require licensing fees. Resolving disputes may also involve attorney fees and court costs.
- Legal action: Repeated violations may lead to lawsuits.
- Reputation damage: Brands seen as infringing on others’ rights lose trust.
Copyright infringement can have serious legal repercussions, including the risk of paying attorney fees if a case goes to court.
Knowing how to identify copyrighted material before using it protects both you and your organization from these risks.
Step-by-Step Copyright Screening Checklist
As a general rule, you should not use copyrighted content without permission unless an exception applies.
Use this simple checklist to quickly screen whether a photo, logo, or clip might be infringing someone’s copyright.
1. Identify the Source of the Content
Ask yourself: Where did this content come from?
- If it came from your own camera, design, or editing software, you likely own it.
- If it came from Google Images, social media, or a random website, assume it’s copyrighted unless labeled otherwise.
- If it came from a licensed stock library, check the license terms.
You can use a reverse image search, such as Google reverse image search (by clicking the camera icon in Google Images), to find the original location or image source of specific images online. This helps you identify where an image first appeared and track its usage across the web through search engines.
Tip: Always save a record of where you got the image or clip. This helps you prove that you used it legally.
2. Check for Ownership or Attribution Marks
Look for signs that someone claims ownership:
- Watermarks, logos, or credits in the image.
- Metadata showing a photographer’s or designer’s name.
- Copyright symbols like © or “All rights reserved.”
- Copyright notice or copyright notices included on or near the image.
Metadata may also contain the copyright owner’s information, which can help verify if an image is a copyright image.
Even if there’s no visible mark, copyright protection still exists. By default, creative works are protected the moment they are created.
3. Review License or Usage Terms
If you found the content on a stock site, social platform, or public database, check what the license allows. Always ensure the images are properly licensed and that you have permission to use the content. Licenses vary widely:
| License Type | What You Can Usually Do | Common Restrictions |
|---|---|---|
| Royalty-free | Use with one-time payment | May forbid resale or redistribution copies |
| Creative Commons | Some allow reuse with credit; there are different types of creative commons licenses (cc licenses) with varying rules | Some forbid commercial use or edits |
| Public Domain | Free to use without credit | None (but verify authenticity) |
When in doubt, check the site’s terms or contact the creator. Stock photo websites are a reliable source for properly licensed images.
4. Assess Whether It’s “Transformative” or Fair Use
Copyright law allows limited “fair use” if your use transforms the original in a meaningful way for example, by adding commentary, parody, or education. The fair use doctrine is a legal exception that applies the same way to various works created, including images, clips, and logos, allowing limited use without permission under certain conditions.
Ask yourself:
- Did you add new meaning, expression, or message?
- Is your use different enough that it serves a new purpose?
- Would the original creator lose revenue because of your use?
- Note: Such use may be considered fair if it is for nonprofit educational purposes, news reporting, or commentary. The commercial nature of your use and its potential market impact are important factors in determining if your use is considered fair.
- Be mindful that uses which Review Violate Rules or infringe on the copyright holder’s rights are not protected under fair use.
If your content simply republishes or copies the original, it’s not transformative and likely not fair use.
Related Article: Does This Review Violate Rules? Red Flags for Yelp, Google & Trustpilot
5. Determine Whether It’s a “Logo” or “Trademark”
Logos are tricky because they can be protected by both copyright and trademark law. A logo is often considered both an original image and a creative work or visual art, which is why it may be protected under both legal frameworks.
- Copyright protects the artistic design of the logo.
- Trademark protects the brand identity linked to that logo.
If you use a company logo in a way that suggests endorsement or confuses consumers, you may violate trademark law too. Even if you’re just using the logo in a meme, make sure it’s clearly for commentary or review not promotion.
6. Check the Context of Use
How you use the content matters as much as where it came from. Ask:
- Is it for commercial use (advertising, monetized video, business site)?
- Is it for educational or commentary purposes or non commercial purposes?
- Are you selling or profiting from it?
Only use the image if you have the proper rights, permission, or license to do so.
Commercial uses are much more likely to be seen as infringement. Educational or critical commentary may qualify for fair use but that’s not guaranteed.
7. Evaluate the Amount Used
The more of the original work you use, the greater the risk. Using a short clip or small thumbnail might seem safer, but if it represents the “heart” of the original, it can still count as infringement.
Examples:
- Using a 5-second clip from a movie trailer = possibly fair use.
- Uploading the full trailer without permission = infringement.
Whenever possible, use only the portion necessary to make your point.
Creating and using your own images is the safest way to avoid infringement.
8. Consider Whether It Harms the Original Creator
If your use competes with the original or replaces the need for it, it’s probably not fair use.
Ask:
- Does my content stop viewers from visiting or buying the original?
- Am I benefiting financially from someone else’s creation?
- Is my use unauthorized and could it violate image copyright, potentially harming the original creator’s interests?
If yes, that’s a strong indicator of infringement and actual damages.
Common Examples: Photos, Logos, and Clips
Let’s apply the checklist to various works created, such as photos, logos, and clips, in common online situations.
Example 1: Using a Photo from Instagram
You see a beautiful travel photo on Instagram and want to share it on your blog or personal blog. Unless the creator explicitly grants permission or uses a license that allows reuse, reposting it is copyright infringement.
Safer option: Embed the Instagram post directly (which uses Instagram’s API and maintains attribution) or request permission from the creator. If you do get permission to use the photo, make sure to give proper credit to the image creator.
Example 2: Incorporating a Brand Logo in a YouTube Video
If you use a brand logo in your video’s intro or thumbnail to suggest endorsement, that’s likely a trademark and copyright issue. If you use it within a review or commentary context, clearly as part of critique, it may qualify for fair use.
Best practice: Add a disclaimer such as “All trademarks belong to their respective owners.” Always respect owners rights when using copyrighted material. If you are unsure about the copyright status or ownership, check the copyright office for registration and official information. Also, consider privacy eligibility when using logos or images to ensure compliance with privacy laws and policies.
Related Article: YouTube Privacy Eligibility: What Counts as Identifiable Personal Info
Example 3: Using Movie Clips in a Reaction Video
Many creators use short clips in commentary or review videos. That can be fair use but only if:
- The clip is used for commentary, parody, or analysis.
- You add substantial new insight or critique.
- You don’t include long, unaltered sections of the original.
If the clip makes up most of your content, it’s not transformative enough.
If you receive a copyright infringement claim, you should seek legal counsel to understand your options. This information is for general purposes and should not be considered legal advice.
How to Request a Copyright Removal
If someone used your photo, logo, or video without consent, you can file a copyright takedown under the Digital Millennium Copyright Act (DMCA).
Here’s how:
- Identify the infringement.
Note where your content appears online, including URLs or screenshots. - Confirm your ownership.
Gather proof like creation files, metadata, or publication timestamps. You can also check the copyright office database or public records to verify ownership of your creative work and copyright registration. - Submit a DMCA takedown request.
Most platforms like YouTube, Google, and Reddit have online forms for this. - Monitor results.
The platform may remove or disable access to the infringing content. - Seek professional help if needed.
If you need fast removal or repeated infringement persists, contact a specialized content removal service such as Media Removal.
If you receive a copyright infringement letter, respond promptly and consider seeking professional legal advice.
What Happens After You File a DMCA Takedown or Copyright Infringement Claim?
Once submitted:
- The platform will notify the uploader.
- The uploader can counter-notify if they believe it’s not infringement.
- If they don’t respond, the content stays removed.
- If they file a counter-notice, you may need to take legal action within a set time period to keep it down.
It’s a formal process which is why clear evidence of ownership and careful screening are so important.
How to Avoid Copyright Problems in the Future
To stay safe:
- Use original or licensed content only.
- Keep records of where you got media assets.
- Read license terms before using any third-party content.
- When in doubt, create your own visuals or hire designers. Owning your own work gives you full control and legal protection over your creative work.
- Credit creators when licenses require it.
Building a consistent system for verifying rights saves time and prevents takedowns.
Copyright Trolls and Scams: What to Watch Out For
Copyright trolls and scams are an increasing threat for anyone sharing images online. These individuals or companies search the internet for copyrighted images sometimes even ones they don’t truly own and send out mass copyright infringement claims, demanding quick payment or threatening legal action.
Frequently Asked Questions (FAQs)
1. What if I only use part of a copyrighted image?
Using part of an image may still be infringement if it includes the most recognizable or valuable portion. Cropping or resizing doesn’t remove copyright protection.
2. Can I use a company’s logo in a blog post?
You can use logos for commentary, education, or review under fair use, but not for promotion or advertising. Always make it clear that you are not affiliated with the brand.
3. How do I know if an image is in the public domain?
Public domain images are free to use because copyright has expired or the creator released rights voluntarily. Always verify the source on trusted sites like Wikimedia Commons or the U.S. Government archives. You can also check the U.S. Copyright Office database and public records to confirm copyright status. Stock photo websites are a reliable source for properly licensed images.
4. What is the difference between copyright and trademark?
Copyright protects creative works like photos and videos. Trademark protects brand identifiers like names and logos. Both can apply to the same piece of content.
5. How long does copyright last?
In most countries, copyright lasts for the life of the creator plus 70 years. After that, the work enters the public domain or is considered copyright expired.
Conclusion: Protect Your Work and Stay Copyright-Safe
Determining whether something is copyright infringement doesn’t have to be guesswork. By using the screening checklist above, you can quickly judge whether a photo, logo, or clip is safe to use and what to do if your own content is stolen.
If you need to remove infringing material from Google or social platforms fast, get expert help. Understanding bright line rules can help clarify common copyright issues, and knowing how derivative works are treated under copyright law is essential for assessing complex cases.
Request a removal quote from Media Removal and take control of your online content today.