There are two parts of the article on this page:

Types of Copyright on Images and Photographs Used by Toastmasters Clubs: A Guide to Understanding Copyright for Toastmasters
Copyright on AI-Generated Images from Apps like ChatGPT and Adobe Firefly: Understanding Intellectual Property Rights in AI-Generated Content

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Types of Copyright on Images and Photographs Used by Toastmasters Clubs

A Guide to Understanding Copyright for Toastmasters

By Diane Richardson, IPDD D91 (2024/25)

Introduction

Toastmasters clubs, like many organizations, often use images and photographs in their materials, presentations, and online platforms. Understanding the different types of copyright and how they apply to these images is essential to avoid legal issues and respect the rights of creators.

As some of you know I often conclude my COT and DOT training sessions with a piece on how you can save $1m by using only images taken from specific websites and never using Google or images from other websites such as Disney or Pixar.

I am not an Intellectual Property lawyer but have worked as a Graphic Designer for many years at some of the worlds leading brand & design consultances and have therefore gained a good working knowledge on this issue. I have used some AI features to help define the terms for each type of licence.

Types of Copyright

1. Public Domain

Images in the public domain are not protected by copyright, meaning anyone can use them without permission or attribution. These images typically fall into the public domain because the copyright has expired, the creator has relinquished their rights, or they were never eligible for copyright in the first place. Toastmasters clubs can freely use public domain images for any purpose.

Listed below are some reputable websites where you can find public domain images in the UK:

Unsplash – Offers a range of public domain images which can be used without crediting the creator. Unsplash also offer a licence agreement called Unsplash+, where for less than £6 per month you can access a wider range of images.
Pexels – Offers a range of public domain images that can be used for personal and commercial purposes without attribution.
Pixabay – Provides a wide array of public domain images which are free to use without requiring credit to the creator.
British Library’s Flickr Collection – Contains over a million public domain images scanned from 17th, 18th, and 19th-century books.

In addition to the sites listed above you can use the Toastmasters International own images from the digital library at https://link.us-1.lytho.us/b/16402872552361cef4d9a-8102-46c0-8bcb-6aec8dfbf16e

2. Creative Commons

Creative Commons (CC) licenses enable creators to specify the permissions for using their work. Don’t just assume that if an images has a CC license that you can just use the image without permission or attribution. There are several types of Creative Commons licenses, each with different levels of freedom:

CC BY (Attribution): You can use the image for any purpose, even commercially, as long as you credit the creator.
CC BY-SA (Attribution-ShareAlike): You can use and modify the image, but you must credit the creator and distribute your contributions under the same license.
CC BY-ND (Attribution-NoDerivs): You can use the image, but you cannot modify it, and you must credit the creator.
CC BY-NC (Attribution-NonCommercial): You can use the image for non-commercial purposes only, and you must credit the creator.
CC BY-NC-SA (Attribution-NonCommercial-ShareAlike): Similar to CC BY-SA, but for non-commercial purposes only.
CC BY-NC-ND (Attribution-NonCommercial-NoDerivs): The most restrictive license, allowing use without modification for non-commercial purposes only, with credit to the creator.

For those searching for images with Creative Commons licenses in the UK, a few notable resources are available. The British Library’s Flickr Collection mentioned earlier is a prime example, offering a vast array of public domain images that can be used freely. Additionally, Wikimedia Commons is another excellent resource, hosting millions of freely usable media files, including images with various Creative Commons licenses.

Europeana Collections also provides access to millions of digitized items from European museums, libraries, and archives, many of which are available under Creative Commons licenses.

When using these resources, always ensure to check the specific type of license and adhere to the requirements for attribution and usage.

3. Royalty-Free

Royalty-free images are those that you can use without paying royalties each time you use the image. However, the name is a bit of a misnomer as they are not free in the sense that you need to purchase a license to use them initially. Once acquired, Toastmasters clubs can use these images multiple times for various purposes without additional fees.

4. Rights-Managed

Rights-managed images require you to purchase a license for each specific use. The license will detail how, where, and for how long the image can be used. This type of licensing is more restrictive and usually more expensive but offers exclusivity and detailed control over the image’s use.

How to Identify Rights-Managed Images
Rights-managed images often feature certain indicators that can help you identify them. One common sign is the presence of watermarks, which typically display the logo or name of the licensing agency, such as Getty Images, Shutterstock, or Adobe Stock. These watermarks usually appear prominently across the image to prevent unauthorized use.

Additionally, rights-managed images may include copyright symbols, often accompanied by the name of the copyright holder and the date of copyright. This information is frequently found in a corner of the image and serves as a clear indication that the image is protected by copyright law.

Another way to identify rights-managed images is to check the source from which the image was obtained. Images sourced from reputable photo licensing agencies, like Getty Images, are likely to be rights-managed. These agencies provide detailed licensing agreements that specify the terms of use, including how, where, and for how long the image can be utilized.

Cartoon Characters and Search Engine Images are often Rights Managed Images
Using images of cartoon characters without permission is generally prohibited because these characters are usually protected by copyright laws. These laws give the creators or copyright holders exclusive rights to reproduce, distribute, and display their work. Unauthorized use of such images can lead to legal penalties and fines.

Many images found through search engines are also protected by copyright, meaning they cannot be used freely without proper licensing or permission from the owner.

It’s crucial for Toastmasters clubs to verify the licensing status of any image before use to avoid infringing on copyright laws and to prevent for payment demands from the copyright holder or their agent(s).

5. Editorial Use

Images labelled for editorial use only can be used in news articles, blogs, and other non-commercial contexts. They are typically protected by copyright, and their use is restricted to specific, informative purposes. Toastmasters clubs should ensure they don’t use these images as many of them are Rights managed images.

Conclusion

Understanding the different types of copyright and licensing for images and photographs is crucial for Toastmasters clubs to respect creators’ rights and avoid legal complications. By adhering to these guidelines, clubs can effectively use visual materials to enhance their presentations and communications while staying within legal boundaries.

Detection and Legal Consequences of Unauthorized Image Use

The Mechanics and Repercussions of Copyright Violations

Image Detection by Copyright Holders

Some content creators believe that there using copyrighted images won’t be found and therefor can use any image without penalty. To ensure that a images copyright is fully protected image copyright holders employ various methods to find unauthorized use of their images on websites and social media. Advanced technology plays a significant role in this process. Here are some common techniques:

1. Image Recognition Software

Many copyright holders use sophisticated image recognition software to scan the internet for unauthorized use of their images. These tools can analyse millions of web pages and social media posts to detect matches with the original copyrighted images. By comparing visual elements and metadata, these programs can accurately identify infringed content.

2. Digital Watermarking

Digital watermarks are embedded into images in a way that is invisible to the naked eye but detectable by special software. These watermarks contain information about the image’s copyright holder and can be scanned to verify ownership. This method is particularly effective for tracking images across the web and social media platforms.

3. Manual Searches

In some cases, copyright holders or their representatives manually search the internet for unauthorized uses of their images. This method, although time-consuming, can be effective for catching violations that automated systems might miss.

4. Reverse Image Search

Tools like Google Images’ reverse image search allow copyright holders to upload an image or input its URL to find other instances of that image online. This method is widely accessible and can quickly reveal unlicensed uses of an image.

Effectiveness of Image Detection Methods

These detection methods can be highly effective, especially when used in combination. Image recognition software and digital watermarking provide automated, large-scale monitoring, while manual searches and reverse image searches offer targeted, precise results. Together, these methods allow copyright holders to maintain control over their intellectual property and address infringements promptly.

Case History: Legal Consequences for Unauthorized Image Use

One notable case involved a small business owner who used a rights-managed image without permission on their website. The image was detected by the copyright holder through image recognition software, leading to a legal dispute.

In 2016, a small bakery in New York used a professional photograph of a cake on their website without purchasing the necessary rights-managed license. The photographer, who had embedded a digital watermark in the image, discovered the unauthorized use through a routine scan.

Legal Action and Penalty

The photographer’s legal team contacted the bakery, demanding that they cease using the image and pay a substantial fine for the infringement. The case was brought to court, where the bakery was found to have violated copyright laws. The owner was ordered to pay a fine of $5,000, which included the cost of the license they had failed to purchase and additional damages.

Outcome

This case highlights the importance of respecting image copyrights and the potential financial repercussions of unauthorized use. The bakery not only faced a significant fine but also suffered reputational damage.

A Second Case History

Another significant case involved the famous photographer Jack Schroeder and model Britni Sumida. In 2018, Schroeder had taken a series of professional photographs of Sumida with a Volvo car as a portfolio piece to try and win a high-profile advertising campaign. He then posted his images on Instagram. Months later, Schroeder discovered the images being used by an online retail company without authorization.

Legal proceedings commenced, with Schroeder seeking damages for the unlicensed commercial use of his work. The court ruled in favour of Schroeder, and the retail company was ordered to pay $15,000 in fines per image, covering the licensing fees and additional damages for the unauthorized use. The same photos were also used by Volo Cars on Instagram and the initial claim against Volvo was reported to be $150,000 per image in some accounts. The issue was later settled out of court in December 2021 without disclosing the final agreement.

Conclusion

Understanding the mechanisms by which image copyright holders detect unauthorized use and the effectiveness of these methods is crucial for individuals and businesses alike. By adhering to copyright laws and properly licensing images, one can avoid legal complications and ensure that creators’ rights are respected. The case histories underscore the importance of vigilance and compliance in the digital age, where the unauthorized use of images can lead to substantial penalties and legal challenges.

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Understanding Intellectual Property Rights in AI-Generated Content

Introduction

The use of artificial intelligence has revolutionized various creative fields, including image generation. Applications such as ChatGPT and Adobe Firefly are at the forefront of this transformation, offering Toastmasters clubs and others the ability to create images through AI algorithms. Using AI to generate images raises important questions regarding the copyright status of AI-generated images and the legal implications involved. The section below is written in February 2025, as AI image generation and the role of AI is such a fast-moving area of software development and Intellectual Property law, I would recommend that you check the copywrite status of any AI image you generate for your clubs or use elsewhere by doing your own additional research and checking the applications Terms of Use..

Who Owns AI-Generated Images?

Determining the ownership of AI-generated images is complex and varies by jurisdiction. Generally, copyright law requires an element of human authorship for protection. Since AI-generated images are produced by algorithms rather than human creativity, they may not qualify for copyright under traditional frameworks. However, the creators of the AI algorithms or the users who input the prompts may claim certain rights.

Role of the AI Developer

The developers of AI applications such as Adobe Firefly may assert intellectual property rights over the software and the process used to generate images. However, they typically do not claim ownership of the individual images produced by users. Instead, the terms of service often grant users a license to use the generated content, subject to specific conditions.

User Inputs and Contributions

The individuals who utilize AI applications to generate images play a crucial role by providing prompts and making creative choices. In some cases, users may be able to claim copyright if their inputs are deemed significant enough to meet the threshold for human authorship. However, this is a nuanced area of law and can vary depending on the extent of user involvement and the jurisdiction.

Licensing and Usage Rights

When using AI-generated images, it is important to understand the licensing terms set forth by the AI application. These terms dictate how, where, and for how long the images can be used.

Adobe Firefly

Adobe Firefly typically provides users with a license to use the generated images for personal, commercial, or creative purposes. The specifics of the license, including any restrictions or requirements for attribution, are outlined in the application’s terms of service. Users should review these terms carefully to ensure compliance with any licensing conditions.

ChatGPT

Similar to Adobe Firefly, ChatGPT may offer users a license to use AI-generated images. The terms and conditions provided by the application will specify the permissible uses and any limitations. Users are encouraged to familiarize themselves with these terms to avoid potential legal issues.

DeepSeek AI

DeepSeek AI is another powerful tool for generating images through artificial intelligence. Users of DeepSeek AI are provided with a license to use the generated content, similar to other AI applications. The terms of service for DeepSeek AI outline the permissible uses, any restrictions, and the requirements for attribution. It is essential for users to read and understand these terms to ensure they are in compliance with the licensing agreements. By doing so, users can confidently leverage DeepSeek AI for their creative, personal, or commercial projects while adhering to legal and ethical standards.

Legal Considerations and Best Practices

Given the evolving nature of AI-generated content and copyright law, it is advisable to follow best practices to mitigate legal risks.

Review Terms of Service

Always review the terms of service and licensing agreements provided by AI applications. Understanding the permissions and restrictions associated with AI-generated images is crucial for lawful use.

Seek Legal Advice

If there is any uncertainty regarding the copyright status or permissible use of AI-generated images in your jurisdiction, seeking legal advice is recommended. Intellectual property lawyers can provide guidance tailored to specific circumstances and jurisdictions.

Attribution and Credits

Even if not legally required, providing attribution to the AI application and any contributing parties is a good practice. This can help avoid disputes and demonstrate respect for the creative process, thus possibly reducing .

Conclusion

The copyright status of AI-generated images from applications like ChatGPT, DeepSeek and Adobe Firefly is a complex and evolving issue. While traditional copyright law may not fully accommodate these new forms of creativity, understanding the terms of service and best practices can help users navigate this landscape. By respecting the licensing conditions and seeking legal advice, when necessary, users can effectively utilize AI-generated images while staying within legal boundaries.

Supplement on Audio Assets

The legal considerations for using AI-generated and non-AI-generated audio assets, such as music and other sound effects, echo many of the principles outlined above. Users must review the terms of service and licensing agreements of AI tools, as well as traditional sources that produce audio content, to understand their rights and limitations. Just as with visual assets, seeking legal advice is prudent if there is any ambiguity regarding the use and distribution of AI-generated and non-AI-generated audio, especially given the potential complexities of copyright law in this area.

Attribution remains an important practice, both to recognize the contributions of AI applications and traditional creators, and to foster transparency. By adhering to these guidelines, users can responsibly integrate AI-generated and non-AI-generated audio into their projects.

If you want to add music to your videos or use walk on music at an event then Popular Sites for Public Domain Music and Audio Assets include:

Musopen – A non-profit organization offering recordings, sheet music, and educational materials for free to the public.
Free Music Archive (FMA) – A repository of curated, high-quality, legal audio downloads, offering a wide variety of genres.
SoundBible – Provides free sound clips, sound effects, and royalty-free sound bites for personal, educational, and commercial use.
Internet Archive Audio Library – Offers a vast collection of audio recordings, including music, podcasts, and audiobooks, freely available to the public.

In addition, Public Domain music can be found on the Pixabay site listed in the image section above.

In conclusion, whether dealing with images, videos, or audio assets, it is essential to stay informed about the evolving legal landscape to mitigate risks and uphold the integrity of creative endeavours.

Last Updated on 28th February 2025 by Allen Paul