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How to Check for Copyrighted Images and Legal Implications in India: Guidelines and Examples

Updated: Apr 22, 2023


In today's digital age, images are widely used for various purposes, from personal blogs to commercial websites. However, it is essential to ensure that these images are not copyrighted to avoid legal implications. In India, copyright law protects various works, including images, photographs, and graphics. Therefore, it is essential to understand how to check for copyrighted images and the legal implications associated with their use.

Firstly, it is important to understand what copyright means. Copyright is a legal right that is granted to the creator of a work. It gives the owner of the work exclusive rights to use, reproduce, and distribute the work. Therefore, using copyrighted images without permission is illegal and can result in severe consequences, such as fines and legal action.


To avoid the use of copyrighted images, there are various ways to check the copyright status of an image. One of the most popular ways is to use reverse image search tools such as Google Images, TinEye, or Pixsy. These tools allow users to search for similar images on the internet and identify whether the image is copyrighted or not. If an image is copyrighted, it is best to seek permission from the owner before using it.


Another way to check the copyright status of an image is to look for watermarks or other identifying marks. Watermarks are logos or symbols that are placed on images to identify the owner and protect their rights. If an image has a watermark, it is likely to be copyrighted, and using it without permission could lead to legal action.


Additionally, it is important to be aware of the Creative Commons license, which is a type of copyright license that allows users to share and use copyrighted works. However, there are various types of Creative Commons licenses, each with different conditions, such as attribution or non-commercial use. Therefore, it is important to read and understand the conditions of the Creative Commons license before using an image.


In India, the Copyright Act of 1957 governs the use of copyrighted works, including images. The act protects the rights of creators and allows them to take legal action against anyone who uses their work without permission. Therefore, it is crucial to seek permission from the owner before using any copyrighted image in India.


For example, in 2017, the Bombay High Court issued an order to stop the use of a celebrity's photograph without permission. The celebrity had sued a footwear company for using her photograph in their advertisement without her consent. The court ruled in favour of the celebrity, stating that the company had violated her rights under the Copyright Act.


In another case, a photographer sued a news agency for using his photograph without permission. The photographer had taken a photograph of a politician and had uploaded it on his website. The news agency had used the photograph without seeking the photographer's permission. The court ruled in favour of the photographer, stating that the news agency had violated his rights under the Copyright Act.

Checking the copyright status of images and seeking permission from the owner before using them is crucial in India. Failure to do so could result in legal action and severe consequences. Therefore, it is essential to be aware of the Copyright Act of 1957 and the various ways to check for copyrighted images. By following these guidelines, individuals and companies can protect themselves from legal implications and ensure ethical use of copyrighted works.

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