How to Avoid Copyright Infringement A Guide

Learn how to avoid copyright infringement with this practical guide. Get actionable tips on using content legally and protecting your creative work.

How to Avoid Copyright Infringement A Guide

Instastock Team

September 26, 2025 • 5 min read

If you want to stay on the right side of copyright law, it really boils down to four key habits: understand what's protected, always seek permission, use properly licensed sources, and—when you can—create your own original work. Getting these principles right is the bedrock of using and sharing images legally.

Getting to Grips with Copyright Today

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We're all swimming in a sea of digital content, which makes figuring out who owns what more important than ever. This isn't about getting bogged down in legal jargon; it's about having a practical game plan. After all, a copyright slip-up can cause headaches for anything from a small blog post to a massive marketing campaign.

Here's the simplest way to think about it: if you didn't create it, you probably don't have the right to use it for free. Copyright protection is automatic. The second an original work—like a photo, an article, a piece of music, or software—is created, it's protected by law. Don't wait to see a © symbol; it's far safer to just assume copyright applies.

Building a solid, infringement-free workflow starts with a few core ideas. Think of them as the four pillars holding up your entire content strategy.

| The Four Pillars of Copyright Compliance | | :--- | :--- | :--- | | Principle | Core Action | Why It Matters | | Understand Protection | Assume every creative work you find is copyrighted from the moment it's made. | This default mindset prevents accidental use and forces a more cautious, responsible approach. | | Seek Permission | Get explicit, documented consent from the creator or use a platform that handles licensing. | Verbal agreements are risky. Written permission provides a clear, legal basis for your use. | | Use Licensed Sources | Stick to reputable stock photo sites or images with clear Creative Commons licences. | These sources clearly define how, where, and for how long you can use an image, removing guesswork. | | Create Original Work | Invest in your own photography, graphic design, or illustration. | This is the only guaranteed way to own 100% of the rights and avoid any potential infringement claims. |

Adopting this proactive mindset is crucial, because ignorance is no excuse in the eyes of the law. A 2023 survey from the UK's Intellectual Property Office (IPO) found that around 16% of people over 12 admitted to accessing potentially infringing content online in a single month. It happens more than you think.

Copyright isn't just a legal hoop to jump through. It's a framework that respects and rewards the hard work of creators. Making it a central part of your process protects you and supports the entire creative community.

What About AI and Copyright?

New technology is shaking things up. AI image generators, for example, have thrown a spanner in the works, raising complex new questions about ownership and originality.

Figuring out whether AI content is copyright-free is a huge piece of the puzzle for modern creators. As these tools become a standard part of our toolkit, knowing where they stand legally is essential for anyone who wants to remain fully compliant.

Getting to Grips with UK Copyright Law

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If you want to stay on the right side of the law, you've got to understand how it actually works here in the UK. Many of the core ideas are common sense, but a few widespread myths can trip up even the most careful creators.

The first and most important thing to realise is that copyright protection in the UK is automatic. As soon as someone creates something original and puts it into a tangible form—a photo, a blog post, a snippet of code, a melody—it's legally protected. They don't need to register it anywhere.

This is a massive point of confusion. Unlike trademarks or patents, there's no central government database of copyrighted works. You can't just run a search to check if an image is protected; you have to assume it is. The absence of a © symbol is meaningless in this context.

What Does UK Copyright Automatically Protect?

The scope of this automatic protection is incredibly broad, covering far more than just gallery art or published novels. Many of your day-to-day business assets are included.

Here are the main categories of work that get instant copyright protection:

  • Literary works: This isn't just books. It covers articles, website copy, and even software source code.
  • Artistic works: Photographs, illustrations, company logos, charts, and graphic designs all fall under this banner.
  • Musical works: This protects both the written composition (melody and lyrics) and the final sound recording.
  • Dramatic and film works: Think scripts, films, TV broadcasts, and even theatrical shows.

This automatic protection grants the creator exclusive rights to copy, distribute, adapt, and show their work. Using their creation in any of these ways without a proper licence or direct permission is where you cross the line into infringement.

The Concept of Fair Dealing Explained

While the law is designed to protect creators, it isn't completely rigid. The UK has a principle known as "fair dealing," which allows for the limited use of copyrighted material without permission for very specific reasons. Crucially, this is much narrower than the "fair use" doctrine you might hear about from the United States.

Fair dealing is not a free pass. Your usage has to be for one of the strictly defined purposes and be 'fair' to the original creator. That means it shouldn't undermine their ability to make money from their own work.

To rely on a fair dealing defence, your use of the material must fall neatly into one of these buckets:

  1. Non-commercial research and private study
  2. Criticism, review, or quotation
  3. Reporting current events

A film blogger quoting a few lines of dialogue in a review? That's likely covered. A news site using a short clip from a broadcast to report on a breaking story? Probably also fine. But grabbing an amazing photograph to simply make your commercial blog post look good? That almost certainly won't qualify as fair dealing.

When Does a Work Enter the Public Domain?

Another way to legally use content is by sourcing works that are in the public domain. This happens when the copyright term has finally expired, leaving the work free for anyone to use, adapt, and share without asking for permission.

In the UK, figuring this out is all tied to the creator's lifespan. The copyright term typically lasts for the life of the author plus 70 years from the end of the calendar year in which they died.

Let's walk through an example. Say you want to use an illustration by an artist who passed away in 1950. The copyright would have expired at the end of 2020 (1950 + 70 years). From 1 January 2021, that work entered the public domain. Using it before that date would have required permission from their estate.

For films, the calculation is a bit more complex, lasting 70 years after the death of the last of the key creators (like the director, screenwriter, or composer). Getting these dates right is vital, as a wrong assumption can lead to a very expensive mistake. The safest bet is to rely on verified public domain archives rather than trying to calculate it yourself.

How to Legally Source and Use Content

Knowing the rules is one thing, but actually putting them into practice is what keeps you out of trouble. When you need a piece of content you didn't create yourself—whether it's an image for a blog post, a snippet of music for a video, or a graphic for a presentation—your first thought should always be, "What's the legal path to use this?" This simple question helps you steer clear of risky Google Image searches and dive into the world of licensed and free-to-use content.

The great news is there are millions of high-quality assets out there just waiting to be used legally. The trick is knowing where to look and, crucially, understanding the strings attached to each one. A quick assumption is often all it takes to land a costly infringement notice in your inbox.

Getting to Grips with Creative Commons Licences

Creative Commons (CC) is a fantastic non-profit that offers free, easy-to-understand copyright licences. These act as a clear set of instructions from the creator, telling everyone exactly what they can and can't do with their work.

But here's where people often trip up: not all CC licences are created equal. For instance, grabbing an image with a "NonCommercial" (NC) tag for your company's latest marketing campaign is a clear violation of its terms.

To avoid these common pitfalls, here's a quick rundown of the licences you'll see most often:

  • CC BY (Attribution): This is the most flexible of the lot. You can use the work for absolutely any purpose, even commercially, as long as you give credit to the original creator.
  • CC BY-SA (Attribution-ShareAlike): You can use and tweak the work, but if you create something new from it, you have to release your new creation under the very same licence.
  • CC BY-NC (Attribution-NonCommercial): This allows you to use and adapt the work, but only for non-commercial projects. You must still provide credit.
  • CC BY-ND (Attribution-NoDerivs): You're free to share the work, but you can't change it at all. That means no cropping, no colour adjustments, no edits whatsoever.

The image below breaks down the difference between two of the most fundamental options: Public Domain and the very accommodating CC BY licence.

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The key takeaway is that while both allow you reuse the content, the CC BY licence has one non-negotiable condition: you must give proper credit to the person who made it. That's a step you can skip with public domain works.

A Quick Guide to Content Licenses

Choosing the right licence can feel a bit daunting, but this table breaks down the most common options to help you decide what works for your project.

License TypePermitted UseAttribution Required?Best For
Royalty-FreeCommercial and non-commercial use, often with some restrictions.NoBusiness blogs, marketing materials, and commercial websites.
Creative Commons (CC BY)Any use, including commercial, as long as credit is given.YesProjects where you want maximum flexibility and can provide attribution.
Creative Commons (CC BY-NC)Non-commercial use only. You can modify and distribute, but not for profit.YesPersonal blogs, academic projects, and non-profit initiatives.
Public Domain (CC0)Unrestricted use for any purpose, with no limitations.NoSituations where you need complete freedom without any legal strings.

Understanding these distinctions is the first step towards building a library of assets you can use with complete confidence.

The Simple Power of Asking for Permission

What happens when you find the perfect piece of content, but it's not on a stock site or covered by a Creative Commons licence? Maybe you've spotted a stunning photo on a photographer's portfolio or a brilliant graphic on another company's blog.

In these situations, the only legally sound move is to ask for permission directly.

You'd be surprised how many creators are happy to say yes, especially if your project aligns with their work or offers them a bit of exposure. Reaching out is a sign of respect, and it completely removes any legal grey areas.

A simple, polite email is often all it takes to turn a potential infringement into a legitimate collaboration. Always get permission in writing—a digital trail is your best evidence if your right to use the content is ever questioned.

Feel free to adapt this straightforward template:

Subject: Permission to Use Your [Image/Article/Video]

"Hi [Creator's Name],

My name is [Your Name] and I'm the [Your Role] at [Your Company]. I came across your excellent [describe the content, e.g., 'photograph of the Scottish Highlands'] on [Platform where you saw it] and was incredibly impressed.

We're currently working on a [describe your project, e.g., 'blog post about UK travel destinations'], and I believe your work would be a perfect fit to show our readers the beauty of the region.

Would you be willing to grant us permission to feature it in our post? We would, of course, provide full credit with a link back to your website/portfolio.

Thank you for your time and consideration.

Best regards, [Your Name]"

Finding Reliable Sources for Your Content

Honestly, the easiest way to sidestep copyright headaches is to get your content from platforms that handle all the legal stuff for you. These places offer clear licensing terms, so you always know exactly where you stand.

Stock Photo and Media Websites Platforms like Adobe Stock, Getty Images, and Shutterstock have massive libraries of royalty-free images, videos, and music. When you buy a licence from them, you're buying the right to use that content based on their terms. It's also worth checking out the top https://instastock.studio/blog/top-5-animal-adobe-stock-photo-alternatives, as new sites are always popping up with unique collections.

Public Domain Archives Websites like Pexels, Unsplash, and Pixabay are brilliant sources for high-quality photos and videos. Most of their content is free for commercial use without attribution, but it's always a good habit to double-check the specific licence for each download.

Music Licensing Platforms Sourcing music for videos and podcasts can be a minefield. Services like Epidemic Sound and Artlist offer subscription plans that give you access to huge libraries of tracks, completely removing the guesswork. This is a complex area with its own set of rules, so it's worth reading up on how to license music for your creative projects to get a deeper understanding.

By sticking to these reliable methods—understanding licences, asking for permission, and using trusted platforms—you'll build a workflow that's not just legally sound but also respectful to the creators whose work you admire.

The Impact of AI on Copyright

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Artificial intelligence has thrown a massive spanner in the works of copyright law. It's a fascinating, if not slightly terrifying, new chapter. As AI tools weave their way into our daily creative processes, they're forcing us to ask some tough questions about where inspiration ends and infringement begins. If you want to keep your work legally sound, getting your head around this new frontier is non-negotiable.

One of the biggest sticking points is how these AI models learn. They're trained by gobbling up colossal datasets, often scraped directly from the internet. The problem? This data is packed with copyrighted text and images, which lands us in a legal grey area. The central debate rages on: does using copyrighted material to train an AI trample on the creator's rights?

The UK's Stance on AI Training Data

Here in the UK, the law tries to address this with something called the text and data mining (TDM) exception. In a nutshell, this rule allows researchers to copy copyrighted works for computational analysis, but only if it's for non-commercial research.

And that's the rub for anyone in business. The current TDM exception is crystal clear that it applies only to non-commercial use. This means if an AI model is built for a commercial product—like a paid image generator—training it on copyrighted material without a proper licence could very well be infringement.

The ground is still shifting under our feet here. Parliament's recent Data (Use and Access) Act 2025 is an attempt to create a clearer framework, but it kicked up a storm of debate. Big names like Sir Paul McCartney and Dua Lipa raised the alarm, worried it could let AI companies train models on their work without permission. You can read more about the new UK data and AI regulations to see just how complex this issue is becoming.

Risks of Using AI-Generated Content

Even if you're not building AI yourself, you're almost certainly using it. The images, text, or music these tools churn out come with their own set of copyright headaches. Just because something is 'AI-generated' doesn't automatically make it 'copyright-free'.

You're mainly looking at two big risks:

  • Substantial Similarity: An AI might spit out an image that looks uncannily like a specific copyrighted photo it was trained on. If a typical person would look at it and see a copy of the original, you could be in hot water.
  • Style Mimicry: While an artist's general 'style' isn't copyrightable, an AI could replicate the distinctive quirks of their work so closely that it's considered a derivative work. This could also lead to a legal challenge.

The real problem is the black box. Most AI companies are tight-lipped about what's in their training data, leaving users like you to guess whether you're accidentally infringing on someone's work.

This ambiguity puts the onus squarely on your shoulders. To protect yourself, you need to be smart about the AI tools you choose. Before you jump on board with a new AI image generator, do your homework. What are their policies? Does the company offer any kind of legal protection or indemnification if things go south? Are they transparent about where their training data comes from?

This is where platforms built on ethically sourced or licensed data give you a much safer path forward. A tool like Instastock, for instance, cuts through the noise by granting you full ownership of the images you create. It sidesteps all the messy licensing and legal unknowns that plague so many other generators. For anyone who needs reliable, legally sound visuals, it's worth a look. You can learn more about how AI stock photos offer a powerful Adobe Stock alternative right here on our blog.

At the end of the day, using AI requires a healthy dose of caution. The technology is incredible, but the legal system is still playing catch-up. Your best bet is to stick with tools that prioritise transparency and clear ownership—it's the only way to innovate with confidence.

Building a Copyright Compliance Framework

Knowing the rules is one thing, but actually putting them into practice is where you truly protect your work. For any serious business or creator, this means building a solid system—a framework that makes copyright compliance a natural part of your workflow, not just a panicked afterthought.

This isn't about drafting dense legal documents. It's about instilling clear, simple habits that safeguard your brand's integrity. The goal is to create a culture where everyone on your team respects intellectual property. When the 'why' is understood, the 'how' becomes second nature, minimising legal risks and making sure every piece of content you publish is on solid ground.

Create a Simple Internal Copyright Policy

Forget a 50-page manual nobody will read. A straightforward, one-page guide can set the standard for your entire team. Think of it as a practical cheat sheet, not a legal lecture.

Your policy just needs to clearly outline a few key things:

  • Approved Content Sources: List the specific stock photo sites, music libraries, and public domain archives your team is allowed to use. This instantly stops people from grabbing the first thing they find on a random web search.
  • Attribution Guidelines: Show, don't just tell. Provide clear examples of how to credit creators properly under different licences (like a Creative Commons BY licence).
  • Permission Protocol: Map out the simple process for asking to use content that isn't on the approved list. Who do they ask internally for help?
  • AI Usage Rules: Name the approved AI generation tools and briefly explain why it's crucial to use platforms that grant clear ownership rights.

This single document becomes your team's go-to resource, ensuring everyone is working from the same playbook.

Document Everything Meticulously

If your right to use an image is ever questioned, your best defence is a clean paper trail. I know documentation sounds tedious, but it's incredibly simple to manage and can save you from massive headaches later on.

Set up a central, easy-to-access spot—like a shared spreadsheet or a board in your project management tool—to track every third-party asset you use.

For each image, video clip, or piece of music, log where it came from, the type of licence it has, and a direct link to that licence. If you got direct permission, save a copy of the email or message. This simple habit is your most powerful compliance tool.

This log becomes your living archive of permissions. For content from platforms like Instastock, where you get full ownership, your usage is covered by the platform's terms. You can find more detail in the Instastock terms of service, which clarify these ownership rights.

Train Your Team Effectively

A framework is only as good as the people who use it. Regular, brief training sessions are essential for keeping copyright top of mind. My advice is to focus these sessions on practical, real-world scenarios rather than abstract legal theory.

For instance, a key issue to understand in the UK is the scope of copyright exceptions. The text and data mining (TDM) exception, for example, currently applies only to non-commercial research, which limits how copyrighted materials can legally be used for commercial AI training. However, policy discussions in late 2024–early 2025 proposed extending this to allow commercial AI training if rights holders can opt out. You can read more about the UK's approach to AI and copyright on Finnegan.com.

This kind of specific, relevant information helps your team make smarter decisions, especially as technology keeps changing.

Implement a Pre-Publish Checklist

Before anything goes live, run it through one final check. Think of this as your final safety net, there to catch any potential issues before they become public problems.

Your Pre-Publish Checklist:

  1. Image Sources Verified? Is every single image from an approved stock site, the public domain, or created in-house?
  2. Licences Checked? Have you double-checked that the licence for each asset allows for your specific commercial use?
  3. Attribution Correct? If the licence requires it, is the credit properly formatted and clearly visible?
  4. Permissions Documented? If you needed to get direct permission, is the written confirmation saved in your records?
  5. AI Content Vetted? Was any AI-generated content created using an approved tool that gives you clear ownership?

By embedding these steps into your creative process, you turn copyright compliance from a burden into a streamlined, repeatable habit that makes your entire content strategy stronger.

Your Copyright Questions Answered

Trying to get your head around copyright can feel like tiptoeing through a legal minefield. One wrong step and... well, it can get expensive. To help you navigate it all with a bit more confidence, I've put together some of the most common questions and myths that seem to catch everyone out.

If I Credit the Creator, Can I Use Their Image?

This is easily the biggest and most costly mistake I see people make. Let's be crystal clear: giving someone credit, or attribution, doesn't give you the legal right to use their work. It's a nice thought, but it offers zero legal protection.

To use an image legally, you need a proper licence. That could be from a stock photo library, a specific Creative Commons licence that allows for your type of use, or direct, written permission from the creator themselves. Without that solid legal footing, just adding a credit is like leaving a thank-you note after borrowing a car without asking for the keys—it doesn't change the fact that you took it without permission.

How Is UK "Fair Dealing" Different from US "Fair Use"?

Many creators have heard of "fair use" and assume it's a global get-out-of-jail-free card for using copyrighted content. But here in the UK, we have "fair dealing," which is a much narrower and more rigid concept. It's not a flexible idea; it only applies to a very specific, legally defined list of purposes.

Under UK law, fair dealing is permitted for:

  • Non-commercial research and private study
  • Criticism or review
  • Reporting on current events

For your use to qualify, it has to fit squarely into one of these boxes and be genuinely "fair" to the original creator. That means your use can't undermine their ability to make money from their own work. Unlike the broader US doctrine, you can't just claim fair dealing for things like parody or general commentary.

Is Everything on Social Media Free to Use?

Not a chance. Just because a photo is on Instagram or a video is on TikTok doesn't mean it's up for grabs. That content is still protected by copyright, and the rights belong entirely to the person who posted it.

When someone uploads their work, they give the social media platform a licence to show it to other users, but that permission doesn't extend to you. You can't just download a picture from someone's feed and slap it on your company blog or use it in an advert. You'd need to get their explicit permission first.

Think of it this way: a "public" post on social media means it's available for viewing, not for taking. Assume everything you see is fully copyrighted unless the creator has explicitly stated otherwise.

Is It Okay if I Just Change the Image a Bit?

This is another dangerous myth. There's no magical "30% rule" or any other percentage that suddenly makes an altered work legal to use. If you create a "derivative work"—something based on or adapted from someone else's image—you still need permission from the original copyright holder.

Even if you make what feel like major changes, the copyright of the original piece remains. It doesn't matter if you add a filter, crop it differently, or mix it into a collage; if you didn't have the right to use the source image to begin with, you're infringing on their copyright.


Stop stressing about confusing licences and hidden rules. With Instastock, every single image you generate is yours to keep, forever. You get full ownership and commercial rights, giving you total creative freedom without the legal headaches. Try Instastock for free and create your first five images today.

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