Getting Free Images off the Web

There are so many different sources of free images on the World Wide Web that you could literally fill several volumes with nothing but listings of their URLs. We suggest that you pay careful attention to legal details (see the section, ‘‘Avoiding Legal Problems,’’ later in this article), but other than that, there’s such a cornucopia out there that you couldn’t begin to tap it all, no matter how hard you tried.

Finding public domain photographs

The major source of public domain photographs (those pictures that are not protected by any copyright) is the United States government. As you’re probably aware, there is a bewildering and complex assortment of different government agencies. You may not be aware, however, that any photographs taken by the employees of those agencies in the performance of their duties are public property. Just because a photograph is in the public domain doesn’t necessarily mean that you can use it any way you want to. For example, if there are identifiable individuals in the pictures, you cannot use them for advertising purposes without the permission of the people in question. When in doubt, ask a lawyer. Several agencies, such as NASA, have gone out of their way to make the vast array of such images easily available to the public. With other agencies, you may have to go to some trouble to get the images, and they may not be available in digital format, which means that you’ll have to scan them on your own. See the section, ‘‘Using copyrighted material,’’ later in this article for more information on copyrights.

Downloading free artwork

The Web is home to some of the most gifted artists the world has to offer. Many of them make some of their artwork available on the Web for the pleasant price of zero dollars, or a reasonable subscription fee. In most cases, such art is free only for noncommercial Web sites, but because the vast majority of sites fall into that category, that’s not a bad deal. Even if you run a commercial site, you will be pleasantly surprised to find that you can generally purchase high-quality artwork with funds out of the petty cash drawer.

Finding suitable artists

There are so many artists, with so many varying styles, that the best way to find the one able to help your graphical image the most is sorry to say to spend a great deal of time browsing and looking at the wares. Before you start, it’s best if you have a clear idea of the image you want to project on your site. Without that kind of preparation, you’re going to waste a lot of time and effort. With it, you can usually tell with merely a glance at the first image whether or not it’s worth your while to dig into the rest of the artist’s offerings.

Using stock photographs

You can lay your hands on millions upon millions of photographs of everything imaginable easily and cheaply. And today, most of these photographs are available in digital format, either on CD-ROM or on the Web for immediate download. Stock photo agencies have long supplied the needs of print media, and they have now turned their attention to the World Wide Web, which has provided them with a bonanza like they’ve never known before. Stock photo agencies typically require payment for use of their images and may restrict usage, so read all legal notices carefully.

Avoiding Legal Problems

Nothing can be easier than getting hold of or creating digital images. The Web is full of sites offering thousands upon thousands of image files. Practically every store that sells anything related to computers has CD-ROMs by the truckload that are filled with images, too. The ability to get your hands on an image file, however, is not the same thing as the right to use it. There are all sorts of variations, ranging from limitations on the type of Web site that may use a particular image to the trickier nuances of licensing fine print.

Using copyrighted material

Copyright the right to make copies is usually vested in the individual who created the image. Whether that person is a digital artist or a photographer who later scans a print or transparency into a computer doesn’t matter. The act of creation is what gives someone the copyright. Modifying an existing image is not an act of creation. The resulting modified image is called a derivative work and is not considered to be original, no matter how major the modification is. This means that, if you use someone else’s copyrighted material, it makes no difference what you do with it it’s still under their copyright. There are few ways for the creator of an image to lose the copyright. One is for them to create the work under the terms of a contract that specifically states they are waiving their rights. This is called a work-for-hire, (WFH) contract. Another is for the creator to sell the copyright. Copyright is property intellectual property, but property nonetheless, just as a car or house is and can be bought or sold.

Often, however, the artist in question will license the rights instead of selling them. The artist retains the copyright while allowing others to use the image. There is, sadly, no such thing as a uniform license. Using existing artwork or photographs on your Web site is a wonderful way to solve the problem of adding good graphics. If you don’t take the time to read and understand the fine print in the license, however, you can end up with a hassle on your hands instead. This is especially true with ‘‘free’’ graphics. Many graphic images that are available at no cost cannot be used on a commercial Web site. The artists involved do not mind if someone uses the images on a private home page, or if a nonprofit organization uses them, but most artists take umbrage if someone is using their images in a money-making situation and not paying them for their work.

Sometimes, the licensing terms can leave you wondering exactly what you’re supposed to do or not do. In more than one case we’ve seen, a license specifies that you’re allowed to use the images on your Web site, but can’t make the image files available for download. Maybe you can figure out some way to do both of those things, but we confess that it’s beyond us. We assume that the lawyers who wrote the license don’t have the slightest grasp of how Web pages work. Or, perhaps it’s just a question of intent. Maybe these licenses mean that you just can’t suggest that people download their own copies of the images. Who knows? Considering that no Web page image can be displayed unless it’s downloaded to a Web browser, and considering that browsers automatically cache a copy of the image on your visitors’ hard drives, it hardly matters what you suggest.

There are two really good ways to handle a license like that. The first is to ask for clarification. If you get it, make a hard copy of the response and keep it where you can retrieve it if needed.

If you don’t or maybe even if you do, depending on the answer then exercise the second good option. Don’t use those images. It’s just not worth it, even if they’re the greatest pictures you’ve ever seen.

Respecting trademarks

Whether an image is an original you drew yourself or whether it comes from a collection, the subject matter of the image may be something to be concerned about. Let’s say you’re a talented artist and grew up in twentieth century America. You no doubt learned (and deliberately practiced) a good part of your artistic technique by carefully copying the work of established artists while you felt your way to your own approach. That means, simply, that you’re probably pretty good at whipping out a perfectly recognizable Snoopy or Garfield.

These are normal stages in the growth of any artist imitation is not only flattery, it is education. However, there’s a big difference between studying an artistic technique and using someone else’s trademarks on your Web site.