Can I Use Images or Content from the Internet on My Website or Social Media?

In the digital era, it’s common to find appealing images and use them on our websites, blogs, or social media without considering whether such use is legal.
However, doing so without the proper permissions can have serious consequences, from legal claims to financial penalties.

This article explains what you can and cannot do with images online, based on the Spanish Intellectual Property Law (LPI) and other relevant regulations.
Because yes — image use is legally regulated.

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1. What Law Regulates Image Use in Spain?

The Consolidated Text of the Intellectual Property Law, approved by Royal Legislative Decree 1/1996 of April 12, governs copyright over images, photographs, designs, infographics, and any visual content that qualifies as a creative work.

Specifically:

- Article 10 LPI: defines what constitutes a protected “work.”
- Article 17 LPI: grants authors exclusive rights to exploit their work (reproduction, distribution, public communication, and transformation).
- Article 32 LPI: provides limited exceptions, such as educational or informational use.

💡 Key takeaway: Any image is protected from the moment it is created, even if it hasn’t been registered.

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2. When Do I Need Permission to Use an Image?

Always, unless one of the following conditions applies:

- The image is in the public domain (after 70 years from the author’s death or if the author has expressly waived their rights).
- It has a license that allows its use (Creative Commons, Copyleft, etc.).
- It qualifies as a legitimate legal exception (very limited and exceptional — parody, justified academic citation, etc.).

❌ Common mistake: thinking that if an image is on Google or social media, it’s free to use. It’s not.

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3. What Happens If I Use Images Without Authorization?

Unauthorized use of an image can result in:

- Extrajudicial claims (removal of content, cease and desist orders, etc.).
- Damages and compensation (Article 140 LPI), which may include profits earned or harm caused.
- Criminal charges (Article 270 of the Penal Code) in serious cases.

It can also infringe the right to one’s own image (Article 18.1 of the Spanish Constitution and Organic Law 1/1982), particularly when a recognizable person appears.

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4. How to Use Images Legally

a) Use Licensed Image Banks

- Free sources: (Pixabay, Unsplash, Pexels) usually offer free-use licenses, but always read each image’s specific terms.
- Paid sources: (Shutterstock, Adobe Stock) guarantee rights for professional, commercial, and advertising use.

✅ Advantage: they allow commercial use and often include liability disclaimers.

b) Use Creative Commons Licenses

These licenses allow you to use, share, and sometimes modify images under specific conditions.

Common types:

- CC BY: free use with attribution.
- CC BY-SA: free use with attribution and the obligation to share under the same license.
- CC BY-ND / NC: restrictions on commercial use or modifications.

❗ Some sources require crediting the author or including a link.

c) Create Your Own Images

If possible, create your own images.
This ensures originality and avoids legal problems.

However, if identifiable people appear, you’ll need their written consent (Article 2.2 of Organic Law 1/1982).

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5. What Should You Check Before Using an Image?

To legally protect your website or social media, review the following aspects:

- Image ownership: Who is the author? Is it identifiable?
- License or rights transfer: Can you use it? Under what conditions?
- Purpose of use: Is it commercial, editorial, or personal?
- Presence of people: Are there minors or recognizable individuals?
- Modifications: Do you plan to adapt the image? Does the license allow it?

📁 In any case, always keep proof of the image’s origin and usage conditions.

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6. What About Images from Social Media?

Even when an image is posted on social media, the author does not waive their rights.
For example, if someone posts a photo on Instagram:

- They retain copyright (LPI).
- They control who can use it and how.
- Only the platform has a license to use it under its Terms and Conditions — not third parties.

⚠️ Using third-party images from social media without permission may result in civil liability and/or violation of fundamental rights (image, honor, privacy).

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7. Legal Best Practices for Creators and Entrepreneurs

- Use reputable and legitimate image sources.
- Keep documentation and evidence of licenses and usage terms.
- Request express authorization when in doubt.
- If outsourcing design or visual content, make sure the contract includes assignment of exploitation rights (Articles 43 and following, LPI).
- In advertising campaigns, demand proof of image rights from models or individuals featured.
🔒 Contracts often include warranties and indemnities for this purpose.
- Add a clear intellectual property policy on your website or, at minimum, include relevant provisions in your Legal Notice.

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8. What If Someone Files a Claim for Image Use?

If you receive a claim:

1. Don’t ignore it. Responding is crucial.
2. Analyze whether there’s a legal basis for your use (valid license, legitimate exception, etc.).
3. If not, remove the image and negotiate, if appropriate.
4. Seek specialized legal advice in intellectual property.

In many cases, the issue can be resolved through an amicable withdrawal.
However, if profit or harm is involved, it may lead to civil or even criminal proceedings.

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Conclusion

Using images or content from the internet without understanding their legal status is a common source of legal problems for startups, designers, and creators.
Complying with the Intellectual Property Law is not just an obligation — it’s a way to protect your project.

At Legal Core Labs, we can help you:

- Review the lawful use of graphic and audiovisual content in your business.
- Draft rights assignment and license agreements.
- Defend you against claims for unauthorized image use.

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FAQ

Can I use any image from the internet if I cite the source?

No. Citing the source does not remove the obligation to obtain prior authorization or comply with the image’s license terms.

What is a public domain image?

A public domain image is one whose copyright has expired or whose author has expressly released it for unrestricted public use.

Is it legal to use free stock images from Pixabay or Unsplash?

Yes, as long as you respect the license terms for each image, which may include attribution or restrictions on commercial or modified use.

What legal risks exist for using images without permission?

You may face claims, compensation, content takedowns, and, in serious cases, even criminal proceedings.

Can I use photos posted by others on social media?

No, unless you have the author’s permission or the license explicitly allows it.
The fact that an image is publicly available does not make it free to use.

What do I need to legally protect the images I create?

Nothing special — they are automatically protected under the Intellectual Property Law from the moment of creation.
However, you can strengthen protection through voluntary copyright registration or by using watermarks and contractual clauses.