Caution: Understanding Copyright Law

Copyright law can be a complex area for any organisation, but it is especially important for charities that rely heavily on visual content to communicate their mission.

Whether this is in a specific fundraising campaign, general use on your website or blog or even in social media content – images are very powerful at relaying a message and emotion. 

However, when time constraints and budgets are tight, you may not hold suitable photography internally so resort to looking online to boost your appeal: unfortunately, even as a charity, you can’t use any image or content that you find on the web. Images are covered by law and using an image without appropriate permissions or license may mean you are committing an offence and liable for a hefty penalty for infringement.

To help you navigate, here’s a quick breakdown of key copyright considerations for charities:

Understanding Copyright Basics

Copyright is a legal protection granted to the creator of an original work, including images, graphics, photographs, music, and written content. This protection gives the creator exclusive rights to reproduce, distribute, and display their work.

Copyright and Your Charitable Organisation

Ownership: If your staff, volunteers, or external consultants create content for your nonprofit, typically the organisation owns the copyright. However, it’s crucial to have clear agreements in place to avoid disputes.

Fair Use: This legal doctrine permits limited use of copyrighted material without permission under certain conditions. However, relying on fair use can be risky, especially for organisations that may not have the resources to defend a fair use claim.

Image and Music Usage: When using images or music in your materials, ensure you have the necessary permissions or licenses. Using copyrighted content without authorisation can lead to legal issues and financial penalties.

Digital Content: Be mindful of copyright when sharing content online. Ensure you have the rights to use any images, videos, or music you post on your website or social media channels.

Common Copyright Challenges for Charities

Using Service Users Photos: While it might be tempting to use photos of those your organisation support without permission, this could be a copyright infringement and a safeguarding concern. Always obtain written consent before using anyone’s image – children and adults. Under 18’s should have parental permission.

Creating Engaging Content: Charities and community groups often rely on volunteers or staff with limited design or music skills. This can lead to inadvertent copyright infringement. Consider investing in copyright-compliant stock images or music and create a bank of permissible content.

Social Media Sharing: Sharing content from other sources without permission can lead to copyright issues. Always verify the source and permissions before sharing – tag the relevant accounts from which you are sharing.

Best Practice

Create Original Content: Whenever possible, create original content for your organisation. Make it standard practice to gather content that shows need and delivery of aid. This is especially useful for feeding back to donors on the impact of their donations.

Stock images: All organisations may find themselves needing to use stock images from time-to-time. Before you head online to search, be aware that on any stock image site, ‘royalty-free’ may not mean free to use.  There are several websites that host royalty-free AND free-to-use stock images such as Pexels,, Unsplash and PixaBay. In all cases, it is best practice and courteous to credit the site you obtain the royalty-free images from in the Alt tag or caption. As a final point, before you go ahead with stock imagery, also consider that repeated use of the same images by other charities or organisations may lessen the impact and authenticity of your appeal.

Obtain Necessary Permissions: If you must use copyrighted material, whether music or images, obtain written permission from the copyright holder.

Review Licensing Agreements: Carefully review any licensing agreements for images, music, or other content. Understand the scope of the license and any restrictions. If in doubt, do not use the material.

Develop a Copyright Policy: Create a clear copyright policy for your organisation outlining guidelines for creating, using, and protecting copyrighted materials. Ensure your staff and volunteers understand copyright law and the importance of complying with it. Check images carefully across your website and social media before publishing.

What should we do if we do accidentally break copyright law?

Sometimes mistakes happen. You may be contacted by an organisation making a claim and charging a fine if it is discovered that you have used an image without permissions. This includes material you may have obtained from an individual, freelancer or other organisation. If you paid someone to create content for you, including your website, you should check the images used as once you have paid for a service, as the end user the responsibility falls with your organisation.

A word of caution: PicRights and similar organisations

We are aware of registered organisations such as PicRights, that work on behalf of media companies including Reuters News, AP and more. These compliance organisations have been instructed to scan websites and content to gather compensation for copyright infringement on behalf of their clients. Charities across all sectors have been contacted about use of images have been used without license or consent.

If you receive a letter from a company such as PicRights, please be aware that it is NOT a scam and, in most cases, is a legitimate claim. Ignoring the letters may result in higher fines.

How to respond:

• – Remove the images (or content or music) from all materials, print and online with immediate effect.  Unfortunately this won’t cancel out any fine as the claim is for the use of them, even in retrospect, as copyright exists as soon as a photograph is created. However, you should stop using them as soon as you are made aware.

• – Check the images that are referred to in the correspondence and where and when you obtained these – make a record of these details. Record where you used the image, the duration and include all platforms/print. Check if you hold any license that may refer to the specific images referred to in the correspondence.

• – Write to PicRights and outline where and when you used the images and how you obtained them. Unfortunately explaining that you were not aware of copyright permissions, does not dissolve the issue under UK law. However, engaging formally will help you to take control of the situation and manage it.

• – Provide your registered charity number and advise of your current financial status – small charities with lower income may be able to negotiate a smaller fine (although this is not guaranteed).

• – If you are in doubt, have concerns or the situation escalates, consult with your legal contacts and appoint a lawyer to manage the process for you.  

• – Be aware that payment of the fine does not constitute permission to use the images again or in the future. If you pay the compensation, ensure that you receive appropriate correspondence that this settles the issue for the relevant period of use and resolves you of further claims for the same period. The organisation should provide you with a Settlement Agreement, written receipt of payment and confirmation.

• – Ensure all staff and volunteers are informed of copyright concerns and processes and implement a policy as detailed above to ensure future protection.

If you have concerns about copyright of your own materials or content, or you find your organisation struggling with the above issues, please get in touch with us at [email protected] for further advice.  

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All information supplied in this article is correct at the time of publication but does not constitute legal advice. Please check all current and relevant information or consult with a legal specialist.