A JJA acquaintance with experience on this issue warns:
Writers who use photographs on their blog posts, Instagram accounts, Facebook page or Twitter, etc. should be aware that there have been numerous recent instances of law firms suing Internet entertainment industry bloggers for copyright infringement on behalf of their clients if photos are used without consent or without having paid a licensing fee, even if a “fair use” argument can be made.
These suits are filed without first contacting bloggers to “cease and desist” or to negotiate a reasonable usage fee.
A single photo violation can result in up to a $150,000 penalty. While this result rarely occurs, the suit may force the defendant to incur high legal costs as well as to settle for an amount well over market value of the photograph before the issue gets to court.
Best practices are to 1) use images in the public domain; 2) use those labeled on Google Images for “reuse”; 3) utilize free-use photo sites (there are a number of online resources for them ) or; 4) seek permission in advance from individual copyright holders or their estates.
Following these guidelines of how to find images that won’t get you sued can help prevent the potential for significant financial and personal distress.
