I’d like to start with a true story I experienced personally.
Several years ago I worked at a non-profit organization. We regularly published multiple newsletters and documents, and published them on our website, on Facebook, and mailed a couple hundred hard copies. I managed and created most of these documents. Aware of legal issues, I always erred on the side of caution. I annoyed my boss and our finance department to allocate funds to buy access to clip art programs. I only wanted to use licensed images or images I created.
Well, almost. We had one document I didn’t manage. This was an activity guide that someone else did, using a template I made. When there were technical problems, I would help, but mostly I was hands off. We posted this guide as a PDF on our website. I regularly pleaded that we not use the images included, as many were little pictures found using Google; usually they were seemingly innocuous pictures of people living life. The images were often no larger than a thumbnail.
One day, we got a cease and desist letter from Getty Images.
It also told us they were suing us. They had found one image inserted on a page of a PDF newsletter that was copyrighted and licensed to them, for which we had not gotten rights to use. It was a teeny tiny picture of two older people just sitting on a bench. Generic, barely noticeable. And sent to a small group of people, by a small non-profit.
It turns out this is common. And once Getty (among other companies) discovers you used one of their images, they sue you. It is not worth fighting, pleading, or going to court. They pretty much always win. The best-case scenario when you get caught is just to pay.
It’s not a matter of if you get caught; it’s a matter of when.
[Yes, they paid, and yes, they changed their companywide policy to mirror my suggestions laid out years before.]
Here’s my plea: DON’T USE THAT IMAGE YOU GOOGLED FOR YOUR PROJECTS.
If you choose to make your own marketing materials, make sure you use pictures that don’t need a license. Never assume you’re safe. Don’t put it on Facebook, or Instagram, or email it, or post it on your website. Pay the fee and save the thousands you will incur when you get sued. It doesn’t matter if it’s a birthday party flyer or a church fundraiser or a quiz night. The risk isn’t worth it.
Here’s the secondary take-away lesson: Use a professional for your marketing who knows how to be on the up and up. A real professional uses licensed images and fonts. Every. Single. Time. Not only is the quality better, but it’s less hassle, less risk, and less money in the long run.