It’s no secret that most startups are “cash strapped” and (understandably) founders opt against seeking proper legal advice. In particular, many founders fail to seek advice regarding website compliance matters (i.e. use of images on their website, that they had their sister’s boyfriend’s cousin’s friend build for them as a favour). Given that virtually all images (which were not taken or bought by you), require the owner of such images (e.g. photographer) to consent to any use of such images, this approach can prove costly.
Copyright is the automatic right to something original that has been created. For example, as soon as you take a photograph, you hold a copyright in that image, and the sole and exclusive rights to publish, and enjoy the commercial benefits of, that image. Dealing with someone else’s photograph, such as uploading it to your website, that you have not created or taken yourself (or do not have the consent of the photographer to use) will likely constitute a breach of copyright.
There are various instances whereby the use of someone else’s photograph is permitted