LinkedIn is the world’s largest professional networking platform, with over 810 million members worldwide. Many LinkedIn users upload profile photos to personalize their profiles and make them more engaging. However, there are copyright considerations to keep in mind when using photos on LinkedIn and other social media platforms.
In short, the photos you upload to LinkedIn are likely protected by copyright. Generally speaking, the photographer or copyright holder of the photo holds the rights to that image. Uploading or using a copyrighted photo without permission could constitute copyright infringement. However, there are some exceptions, such as fair use provisions, that allow limited use of copyrighted material without permission.
Let’s take a more in-depth look at how copyright law applies to photos on LinkedIn and other social media sites. We’ll cover:
- The basics of copyright law
- Who owns the copyright on photos you upload
- Whether you need permission to upload photos
- Exceptions like fair use
- Best practices for using photos legally
Understanding these issues will help ensure you don’t run into problems over photo copyrights on LinkedIn or other platforms.
The Basics of Copyright Law
Copyright automatically protects creative works like photos, videos, songs, books and paintings as soon as they are created. The creator of the work holds the copyright.
Copyright gives the owner specific exclusive rights, including:
- The right to reproduce the work
- The right to prepare derivative works
- The right to distribute copies of the work
- The right to publicly display or perform the work
Essentially, the copyright holder has control over how their creative work is used. Other people need permission from the copyright holder to exercise any of these rights.
Copyright law is governed by federal law, specifically Title 17 of the U.S. Code. Infringing on someone’s copyright is against the law and carries penalties like monetary damages.
Copyright protection lasts for the lifetime of the creator plus an additional 70 years. For creative works owned by companies rather than individuals, copyright lasts 95 years from first publication or 120 years from creation, whichever expires first.
Who Owns the Copyright on Photos You Upload?
Generally speaking, whoever took the photograph owns the copyright by default. The exceptions are if:
- The photo was taken by an employee within the scope of employment. In that case, the employer owns the copyright.
- The photo is considered a “work made for hire.” This would apply if the photographer took the picture under contract with the hiring party retaining copyright.
- The photographer transferred the copyright rights to another party in writing.
Unless one of those exceptions applies, the individual who pressed the shutter button owns the photo copyright.
That means if you snap a selfie or have someone take your picture at an event, you own the copyright on that photo. If you upload it to LinkedIn or Instagram, you have the right to control how it’s used.
However, if you find a cool photo online or download an image from an image hosting site, you most likely do not hold the rights. Uploading it to LinkedIn could get you in hot water unless you have permission.
Do You Need Permission to Upload Photos to LinkedIn?
In most cases, yes – you need direct permission from the copyright holder to upload a photo to your LinkedIn profile.
LinkedIn’s user agreement states:
“You are responsible for maintaining the safety and security of your Login Credentials and agree not to disclose them to any third party. You must immediately notify LinkedIn if you become aware of or reasonably suspect any unauthorized use of your Registration Information or Login Credentials.”
This means you may not legally use someone else’s photo on LinkedIn without their consent. Doing so would break the user agreement.
Some people mistakenly believe that images found through a Google search are free to use without permission. This is not true – copying and uploading photos still protected under copyright constitutes infringement. Always verify rights before using an image.
The safest option is to only upload photos you took yourself or that you have explicit permission to share online from the copyright holder.
Fair Use Exceptions
U.S. copyright law does allow for some exceptions to copyright protection under the “fair use” doctrine. Fair use allows limited use of copyrighted material without permission from the rights holder under certain conditions.
To qualify as fair use, the use of a copyrighted image must meet four criteria:
- The purpose and character of use (non-commercial vs. educational, commentary, satire, etc.)
- The nature of the copyrighted material
- The amount used
- The economic effect on the copyright holder
In general, using someone else’s complete image on your LinkedIn profile would not qualify as fair use because:
- You are using the full image, not a portion
- You are using it for personal identification, not commentary or education
- It could harm the copyright holder’s ability to benefit financially from the work
However, fair use does allow the unauthorized use of thumbnail-sized images in some contexts, such as search engine image results. Overall though, fair use does not allow free use of photos on social media or professional networking sites like LinkedIn. Relying on fair use exceptions can be risky.
Best Practices for Using Photos Legally
To ensure you don’t run into issues over photo copyrights on LinkedIn, follow these best practices:
- Only upload photos you took yourself or have explicit permission to use – get confirmation in writing when possible
- Be wary of images labeled for reuse or with Creative Commons licenses, as the terms may be restrictive
- Never upload images found through Google image search or on image hosting sites like Flickr unless the rights are clearly confirmed
- If you want to share someone else’s image, link to it rather than uploading it directly
- Respect copyright law and don’t assume fair use exceptions allow you to use photos freely
- Remove any images promptly if contacted by the copyright holder with a takedown request
- Consult an intellectual property lawyer if you have any questions about permissible usage
Also keep in mind that LinkedIn and other platforms may have additional rules around copyrighted material beyond what the law dictates. Always check the site’s Terms of Service for details.
Using Proper Attribution
Even if you have permission to use a photo, you should provide proper attribution to the copyright holder. This is a best practice online, legally required in some cases, and also shows respect for the creator.
To attribute a photo, include the photographer’s name and a link back to the original source, if applicable. Many creators specify how they wish their content to be credited – follow their preferences when provided.
Proper photo attribution might look something like:
Photo by John Smith
Photo by Jane Doe/jdoe.com
Image courtesy of Flickr user CoolPhotos123
When in doubt, ask the copyright holder how they would like the photo to be attributed.
Dealing with Copyright Infringement Claims
If you receive notice that a copyright holder believes you have used their work without authorization, respond promptly. Failing to take down infringing content in a timely manner when notified can compound your liability.
Review the claim carefully. If your use does legitimately qualify as fair use, you can respond explaining why. Get legal guidance to be sure.
However, in most cases, you should:
- Remove the identified photo immediately
- Apologize to the copyright holder
- Confirm you will not use the image again without permission
Mistakes happen, but copyright claims should be addressed swiftly and completely to avoid additional problems down the road. Most creators just want to protect their interests. Handled well, the issue can be resolved.
Conclusion
Like all creative works, photographs are protected by copyright law. As a LinkedIn user, you need permission from the copyright holder, whether an individual or company, to legally upload photos. Exceptions like fair use are very limited in scope.
Always upload your own photos or those you are certain you have rights to use. Provide proper attribution. Be prepared to swiftly address any infringement claims by removing content and apologizing. Follow these best practices, and you can avoid photo copyright headaches on LinkedIn and other social platforms.
