Can You Be Sued For Using Someone Else’s Photo Without Permission?

If you run a small business, it’s tempting to grab a great image you’ve seen online and use it for your website, Instagram, ads or packaging.

But using someone else’s photo without permission can expose your business to real legal and commercial risk - even if you found the image on Google, even if you “gave credit”, and even if you didn’t mean to do the wrong thing.

In this article, we’ll walk you through what “permission” actually means in Australia, when you can be sued, what laws usually apply, and the practical steps you can take to protect your business from day one. This is general information only and not legal advice.

What Does “Using Someone Else’s Photo Without Permission” Mean?

When people talk about using someone else’s photo without permission, they’re usually talking about using an image that someone else owns the rights to, without getting the right kind of legal authority to do so.

In a business context, “using” a photo can include:

• posting it on your website or online store
• using it in social media posts, reels, stories or ads
• printing it on flyers, signage, packaging or product labels
• including it in proposals, pitch decks or lead magnets
• using it in email marketing campaigns

And “permission” can come in a few forms, for example:

• a licence (written terms saying how you’re allowed to use the photo)
• an assignment (the rights are transferred to you)
• a contract with a photographer, designer, agency, or platform
• platform-specific rights (e.g. a stock photo website licence)

One common trap: getting permission from the wrong person. For example, if a customer sends you a photo they found online, that doesn’t automatically mean they have the right to let you use it.

Another trap: confusing “publicly available” with “free to use”. Just because an image is visible online doesn’t mean it’s free for business use.

Can You Be Sued In Australia For Using A Photo Without Permission?

Yes - in many situations, you can be sued (or at least receive a legal demand) for using a photo without permission in your Australian business.

In practice, most disputes start with a “cease and desist” letter or an invoice-like demand for payment, asking you to:

• remove the image from all channels (including cached pages and social posts), and
• pay a fee (sometimes called backdated licence fees), and/or
• pay additional damages or compensation, and
• confirm you won’t use it again

If it escalates, the person or business claiming rights may take legal action. Whether they’ll succeed depends on the facts (and which legal claim they’re relying on), but the risk is real - and the time, stress and cost of dealing with it can be significant for a small business.

It’s also worth remembering the “hidden” costs: even if the dispute doesn’t go to court, it can disrupt campaigns, force you to reprint marketing materials, and create reputational issues if it plays out publicly.

What Are The Main Legal Risks When You Use Someone Else’s Photo?

There isn’t one single “photo law” in Australia. Instead, disputes about photos usually come down to a mix of intellectual property, privacy and marketing/consumer law issues.

Copyright Infringement (Copyright Act 1968 (Cth))

In most cases, the biggest risk is copyright.

In Australia, copyright protection applies automatically to original photos (you don’t need to register it). Generally, the photographer (or sometimes their employer or the commissioning party, depending on the arrangement and timing) owns the copyright.

If your business copies, publishes or communicates that photo to the public (for example, posting it on your website or social media) without a valid licence, that can amount to copyright infringement.

Common misconceptions we see:

• “I changed it a bit.” Cropping, adding text, applying filters, or flipping an image usually won’t save you.
• “I gave credit.” Attribution is not the same as permission.
• “I found it on Google Images.” Search results are not a licence.
• “It was on social media, so it’s fine to repost.” It depends on the platform features and the rights you actually have (and what you’re using it for).

Australia also has limited “fair dealing” exceptions (for example, research or study, criticism or review, parody or satire, reporting news, and legal advice). These exceptions are narrow and are often not available for business marketing use.

If you’re unsure about who owns what in your content (especially if you’ve used contractors, agencies, or freelance creatives), sorting out ownership and permissions early can save a lot of headaches later. Sometimes the fix is a properly documented rights transfer, like an IP Assignment.

Using Someone’s Face In Your Marketing (Privacy, Consent And Other Risks)

Copyright is about who owns the photo. But if the photo includes an identifiable person, you may also need to think about consent - particularly if you’re using it commercially (like in ads).

Australia doesn’t have a single, standalone “image rights” law. However, using someone’s image can still create legal issues depending on the circumstances, including under:

• privacy-related rules (for example, if you’re collecting or using an image as “personal information” and your business is covered by the Privacy Act 1988 (Cth) and the Australian Privacy Principles - coverage depends on factors like turnover and what you do)
• misleading conduct rules (if it looks like the person endorses your business when they don’t)
• other potential claims (which can include defamation or misleading association/passing off in some scenarios)

There isn’t a universal legal requirement to have a “model release” in every case. However, as a practical risk-management step (especially for advertising), it’s often wise to get clear written consent from anyone identifiable in marketing images. If you’re collecting and using personal information (including images that identify someone), it’s also often important to have a clear Privacy Policy in place.

Misleading Conduct (Australian Consumer Law)

Even if you’re not trying to be dishonest, using someone’s image in advertising can create the impression they:

• support your brand
• are affiliated with you
• have given a testimonial
• use your product or service

If that impression is false, your business could be exposed under the Australian Consumer Law (misleading or deceptive conduct). This comes up a lot with:

• before-and-after photos (especially in beauty, fitness, cosmetic and trades)
• customer “results” photos
• influencer-style marketing where the relationship isn’t clear

From a practical perspective, it’s not just about avoiding complaints - it’s about building trust in your brand by being transparent.

Contract Problems (You Paid For The Photo, But Didn’t Get The Rights)

Another common issue for small businesses is assuming that paying someone to create content means you automatically own it.

For example:

• You hire a photographer for a shoot, but the agreement doesn’t clearly grant you usage rights for ads.
• You engage a marketing contractor who uses random images found online (and you publish them).
• You buy “templates” or “content packs” and later find out the images weren’t properly licensed.

This is why it’s worth having clear written terms with creatives and contractors - including who owns the content, what licences are granted, and who is responsible if there’s an infringement claim.

How Can You Use Photos Legally In Your Business? (A Practical Checklist)

The good news: you don’t need to avoid images entirely. You just need a clear process so you can market confidently without stepping on someone else’s rights.

1) Create Your Own Photos (Or Commission Them Properly)

Creating your own images is often the safest option - but “safe” still depends on documentation.

If you commission a photographer, make sure you’ve agreed in writing on:

• where you can use the photos (website, paid ads, print, packaging, etc.)
• whether usage is time-limited or ongoing
• whether you can edit the photos
• whether you can sublicense them to partners (e.g. a retailer or distributor)

If people appear in the photos, you’ll often want a signed consent as well, such as a Model Release Form - particularly if the images are used in advertising.

2) Use Stock Images - But Read The Licence Properly

Stock images can be a great solution for small businesses, but licences vary.

Before using a stock photo commercially, check:

• is commercial use allowed?
• are there restrictions on paid ads or product packaging?
• does it require attribution?
• is it exclusive or non-exclusive?
• are there restrictions if the photo includes identifiable people, logos, buildings or artwork?

Tip: keep a record of the licence terms and purchase receipts. If you ever need to prove you had permission, you’ll be glad you did.

3) Get Clear Consent For Customer Photos And Testimonials

Customer photos are powerful marketing - but you should be careful about how you collect and use them.

As a starting point, it’s smart to get written permission covering:

• where the photo will be used (social media, website, ads, print)
• whether you can use their name, handle, or business name
• how long you can use it
• whether they can withdraw consent (and what happens if they do)

If you run events, classes or in-person services (e.g. gyms, workshops, clinics), it may be worth using a structured consent document like a Photography/Video Consent Form so you’re not chasing approvals later.

4) Be Careful When Reposting From Social Media

Reposting content can feel like “normal internet behaviour”, but from a legal risk perspective, it can still raise issues - particularly for business accounts.

If you want to share a photo posted by someone else, consider these safer approaches:

• Ask for permission in writing (even a clear DM can help, but formal is best for high-value campaigns).
• Use platform tools that are designed for sharing (rather than downloading and re-uploading).
• Avoid using the photo in paid ads unless your permission clearly covers advertising use.

Also remember: just because someone tags your business doesn’t automatically mean you can use their photo in an ad campaign.

5) Put Website And Marketing Terms In Place

If your website includes user-generated content (like reviews, uploaded images, community posts, or submission forms), you should clearly set out what rights users grant you when they submit content.

This is one reason many businesses include Website Terms and Conditions - they can help set expectations about ownership, permitted use, and takedown processes (although they won’t fix a copyright problem if you use a third party’s content without permission).

What Paperwork Do You Actually Need To Get Permission?

“Permission” isn’t one-size-fits-all. The right document depends on what you’re doing, who created the photo, and how you want to use it.

Here are the most common tools businesses use.

A Licence To Use The Photo

A licence is permission from the rights owner to use the photo in defined ways.

A solid licence should clearly cover things like:

• scope (what you can do with the photo)
• channels (website, socials, paid ads, print, packaging)
• territory (Australia only or worldwide)
• duration (how long you can use it)
• exclusivity (whether others can also use it)
• editing rights (cropping, text overlay, design changes)

A Model Release / Personal Consent

If the photo includes identifiable people and you’ll use it commercially, getting signed consent is often a sensible step - particularly for ads.

Without it, you’re more exposed to disputes if someone later says:

• they didn’t agree to be used in advertising
• they withdrew consent
• the use implies something they don’t support

A Model Release Form can help you capture clear permission up front, while also setting out how and where images can be used.

An IP Assignment (Where You Want To Own The Rights)

Sometimes licensing isn’t enough - particularly if the photo is a central brand asset (like hero images for a long-term campaign) or you want the freedom to reuse it across multiple channels indefinitely.

In that case, you may want an IP Assignment, which transfers ownership of the intellectual property from the creator to your business (with any agreed carve-outs).

This is also common when you’re paying a contractor to create content and you want certainty about ownership.

Clear Agreements With Creatives And Contractors

If you use photographers, videographers, designers, social media managers, or marketing agencies, it’s worth having an agreement that clearly covers:

• who owns the content created
• what third-party materials they are (and aren’t) allowed to use
• warranties that they won’t infringe someone else’s rights
• who carries the risk if a claim comes in

If you’re not sure what you need, it can be worth getting tailored advice from an Intellectual Property Lawyer, because the “right” setup depends heavily on your business model and how you market.

Key Takeaways

• Using someone else’s photo without permission can expose your Australian business to legal demands, takedowns, and potentially court action.
• The biggest risk is usually copyright infringement, because photos are protected automatically under the Copyright Act 1968 (Cth).
• If a photo includes an identifiable person, it’s often wise to get consent for marketing use, and you should also consider privacy and misleading conduct risks (especially in advertising).
• “Publicly available online” doesn’t mean “free to use” - and giving credit is not the same as having permission.
• Protect your business by using properly licensed stock images, commissioning your own content with clear rights in writing, and using documents like a Model Release Form where appropriate.
• Good legal foundations (clear licences, assignments, and website terms) help you market confidently and avoid expensive disputes later.

If you’d like help getting permissions and ownership right for your content, or you’re dealing with a complaint about image use, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.