Can you use photos you found online on your business website?
Usually not without permission. The U.S. Copyright Office's position is that a work is protected from the moment it is created and fixed in a tangible form, and its FAQ says most works may be assumed protected unless there is clear information to the contrary. Finding a photo online does not make it free to use. Use your own photos, images you hold a license for, or ones whose owner has said yes, ideally in writing. This is a plain summary, not legal advice.
What the Copyright Office says
In its general FAQ, the Copyright Office says a work is under copyright protection the moment it is created and fixed in a tangible form, and that registration is generally voluntary. So a photo with no registration behind it can still be protected.
Its FAQ on using someone else's work says that, absent clear information to the contrary, "most works may be assumed to be protected by federal copyright law". It says that if you use a work without authorization, the owner may be entitled to sue, and that in cases of doubt "the Copyright Office recommends that permission be obtained". To get permission, it says, you can ask the owner directly. It also says you cannot claim copyright in another's work however much you change it, unless you have the owner's consent. In plain terms, cropping or filtering someone else's photo does not make it yours.
On photographs, the same FAQ says the owner is generally the photographer, and that owning a copy of a photo is distinct from owning the work. That is the agency's description of how copyright works, not a ruling on any particular use. This is a plain summary, not legal advice.
Fair use is narrow and decided case by case
The Copyright Office's fair use page lists criticism, comment, news reporting, teaching, scholarship and research as examples of uses that may qualify, and four factors courts weigh, including whether a use is commercial and its effect on the market for the original. It says there is no formula for how much of a work can be used without permission. Decorating a business website is not among its examples.
What the guidance does not do: the Office says it cannot give individuals specific legal advice about fair use, and its FAQ says only a federal court can finally decide whether a particular use is fair.
What an image license usually covers
- Whether business or commercial use is allowed.
- Where you may use the image, such as your website, social media or print.
- How long the permission lasts, and whether you must credit the photographer.
- Whether you may edit or crop it.
If a copyright demand letter arrives
As general advice: do not ignore it, and do not pay or admit anything on the spot. Check whether you have a license, receipt or written permission for the image, and consider taking the image down while you look into it. A lawyer can tell you how to reply.
A formal claim before the Copyright Claims Board is different from a letter. The board's FAQ says taking part is voluntary and a respondent can opt out by following the instructions in the notice, that a party who neither opts out nor takes part risks a default determination, and that if a respondent opts out, the claimant can bring the same claim in federal court. The related answers on website photos and on who owns a website a designer built cover what to use instead and who owns the work.
Sources
- U.S. Copyright Office, "Fair Use (FAQ)": Can I Use Someone Else's Work? Can Someone Else Use Mine?
- U.S. Copyright Office, "Copyright in General (FAQ)"
- U.S. Copyright Office, "Fair Use Index" (index last updated July 2026)
- Copyright Claims Board, "Frequently Asked Questions"
Related answers
- What photos should a service business use on its website?
- Who owns the website a designer built for you?
Websites, upgraded or built
Most businesses do not need a new website. They need the one they have to load fast, say clearly what they do and ask the visitor to take one step.