Key Takeaways
- Copyright protects a photo automatically upon creation, granting the creator rights to its use.
- To determine if a photo is copyrighted, check metadata, use reverse image searches, examine the website, watch for watermarks, and remember that you need permission if you didn’t take it.
- Copyright lasts for the life of the photographer plus 70 years or 95 years from publication for corporate photos; older works may be in the public domain.
- You can safely use images you took, have written permission for, or that are public domain or Creative Commons with clear terms.
- Before using any photo, ask if you took it, have permission, or if it clearly belongs to someone else; if unsure, don’t use it.
Estimated reading time: 6 minutes
A simple guide to understand when a picture is copyrighted and how long those rights last.
How to Know if a Photo Is a Copyrighted Photo
The first time Robbie from Nebraska wondered if her childhood snapshot was protected by copyright, she held the print as if it had a heartbeat. Someone had reposted it on a public blog, leaving her feeling exposed and uncertain about who owned the moment she remembered so vividly. Her question is one that millions of people ask every day when they see an image online: Is this picture protected? Can someone else use it? This guide explains how to determine if a photo is copyrighted, how long copyright lasts, and why it is important for the pictures that hold your family’s memories.
What It Means When a Photo Is Copyrighted
A copyrighted photo is simply a picture protected by law the moment it exists. There’s no form, no registration, and no watermark needed. As soon as someone presses the shutter, the creator becomes the copyright owner.
This gives the photographer the right to decide how the image is:
• Copied
• Shared
• Displayed
• Sold
• Licensed
• Edited or altered
If you did not take the picture, the safest assumption is that you cannot legally use it without permission.
How to Tell if a Photo Is Copyrighted
You can’t always see copyright with your eyes, but there are clues.
1. Examine the photo’s metadata. Every digital image contains hidden information. You can access it by right-clicking the file and selecting “Properties” or “Get Info.” Even basic smartphone photos often include metadata that confirms ownership.
You may see:
• Photographer’s name
• Copyright notice
• Date created
• Camera model
• Licensing notes
2. Use a reverse image search. If you don’t know who owns the image, upload it to:
• Google Images
• Bing Visual Search
• TinEye
If the photo appears on a portfolio site, news outlet, or stock agency, it is a copyrighted photo.
3. Look at the website itself. Creators often place copyright notices in:
• Page footers
• “About” sections
• Licensing pages
• Sidebars or captions
If the picture comes from a magazine, book, newspaper, or brand website, it is copyrighted.
4. Watch for watermarks
Watermarks don’t create copyright — they signal the creator is actively protecting their work.
5. Use the simplest rule
If you didn’t take the picture, and you don’t have explicit written permission, then you cannot safely use it.
How Long Does Copyright Last?
Copyright does not last forever, but it lasts long enough that most photos you’ll ever see online are still protected. Here’s the simple breakdown.
Photos taken today
Life of the photographer + 70 years
Photos created by a company (work for hire)
95 years from publication OR 120 years from creation, whichever ends first
Photos from older eras
• Published before 1929: Public domain
• Published 1929–1963: Protected only if copyright was renewed
• Published 1964–1977: Protected for 95 years
• Unpublished works before 1978: Life + 70 years
These rules follow U.S. copyright law. Most countries follow similar versions based on the Berne Convention.
When a Photo Is Not Copyrighted
Only a few situations make an image free to use:
• The photographer died more than 70 years ago, and the work was published
• The creator put the image into the public domain
• A Creative Commons license with reuse permission covers the picture
• The image is a government work (NASA photos are the best example)
If none of these apply, assume the image is a copyrighted photo.
What You CAN Safely Use
To avoid copyright trouble, only use:
• Photos you personally took
• Images you have written permission to use
• Stock photos you legally purchased
• Public-domain images
• Creative Commons images with clear reuse terms
• Your own scanned family photos
Occasionally, ScanMyPhotos’ customers discover that their old snapshots are also copyrighted photos, even if they sat untouched in boxes for decades.
Why Copyright Matters for Your Memories
Your photos tell your story. They carry the smell of old paper, the warm tones of aging prints, and the soft glow of memories that shaped your life. Copyright protects that story from being used without your say. Digitizing your photos does not change ownership. You still hold the rights because you or your family created the original printed snapshots.
Three Simple Questions to Ask Before Using Any Photo
- Did I take this picture?
- Do I have written permission?
- Does the image clearly belong to someone else?
- If you pause at all, don’t use it.
Frequently Asked Questions
How do I know if my old printed photos are copyrighted? If someone in your family took the picture, the copyright belongs to that person or their estate.
Can I use a copyrighted photo if I credit the photographer? No. Credit does not replace permission.
Is scanning my family photos a copyright violation? No. You already own the physical photos, so digitizing them preserves them.
Your pictures represent more than just colors and shapes; they embody your childhood, your family’s stories, and the moments that have shaped who you are. Understanding how copyright protects these memories is essential for maintaining control of your narrative. If you want to preserve your printed photos for future generations, feel free to explore the complete resource library at ScanMyPhotos.com at any time.
P.S. Grateful you took the time to read this. Hope it helps you protect the images that matter most. *** Disclosure. We excel at photo archiving, but we are not legal experts; therefore, we recommend consulting with an attorney first.
[Revised on November 13, 2025].
