Check Copyrighted or Trademarked Image, Domain, Audio, or Video
You've found the perfect image for your client's website. The ideal domain name for your new brand. A background track that would make your video amazing. But wait — is it legal to use?
Copyright and trademark infringement are among the fastest ways to get sued, have your content taken down, or lose your freelance income. Yet most creators, designers, and business owners don't know how to check what's protected and what's free to use.
of freelancers have used unlicensed content unknowingly (Freelancers Union, 2024)
Maximum statutory damages per copyrighted work infringed
of small businesses received cease & desist letters for trademark issues
In this complete guide, you'll learn exactly how to verify if an image, domain name, audio, or video is copyrighted or trademarked. Whether you're a graphic designer creating Print on Demand products, a freelancer working for clients, or a business owner building a brand — these steps will protect you from legal headaches.
Complete Guide Contents
Copyright vs. Trademark: What's the Difference?
Before we dive into checking, understand what you're looking for:
Protects original creative works: images, music, videos, writings, software. Automatically applies when created. Lasts author's life + 70 years (generally).
Examples: Photographs, song recordings, movie scenes, book text
Symbol: © or none (automatic)
Protects brand identifiers: names, logos, slogans, domain names. Must be registered (™ or ®). Prevents confusion in marketplace.
Examples: Nike swoosh, "Just Do It", Apple logo
Symbol: ™ (unregistered) or ® (registered)
Why this matters: Using a copyrighted image without permission = infringement. Using a trademarked name for your product = infringement. Both can lead to lawsuits, takedowns, and financial penalties.
International Copyright Laws You Must Know
Copyright laws vary by country, but most follow international treaties:
- Berne Convention: 181 countries recognize copyright automatically without registration
- US: Library of Congress registration required for lawsuits
- EU: Copyright lasts author's life + 70 years; database rights exist
- UK: Similar to EU, with "fair dealing" exceptions
- China: Registration recommended despite Berne membership
- India: 60 years from author's death
When in doubt, assume the stricter law applies if you operate internationally.
How to Check If an Image Is Copyrighted (8 Methods)
Images are the most commonly misused assets. Here's a step-by-step process:
Where to Find Free-to-Use Images (Safe Sources)
- Unsplash — free for commercial use, no attribution needed
- Pixabay — millions of free images
- Pexels — free stock photos
- Creative Commons Search — filter by license
- Wikimedia Commons — public domain and CC images
- The Met Museum Open Access — public domain art
- NASA Image Library — government work (public domain)
How to Check If a Domain Name Is Trademarked (6 Methods)
Domain disputes are common. Registering a domain that includes a trademarked name can lead to losing the domain (and money). The World Intellectual Property Organization (WIPO) handles over 3,000 domain disputes annually.
How to Check If Audio Is Copyrighted (7 Methods)
Music copyright is complex. There are two parts: composition (song) and recording (performance). You may need permission for both. Music lawsuits increased 40% from 2020-2024.
Free/Licensed Audio Sources
- Free Music Archive — curated, license-filtered
- Incompetech — Kevin MacLeod's royalty-free music
- Freesound.org — sound effects, check licenses
- ccMixter — CC-licensed remixes
- Musopen — public domain classical music
How to Check If Video Is Copyrighted (5 Methods)
Video copyright combines image, audio, and sometimes script/story. Same principles apply with additional checks.
- Check the source: YouTube videos are copyrighted by uploader unless marked Creative Commons.
- Look for license: Vimeo, YouTube allow filtering by Creative Commons.
- Reverse search keyframes: Use tools like Berify or TinEye Video (beta).
- Check audio separately: Even if you have video rights, audio may be copyrighted.
- Use YouTube's Copyright Checker: Upload unlisted and check for Content ID matches.
Free Stock Video Sources
- Pexels Videos
- Videvo (free and premium)
- Mixkit
- Coverr
- Vidsplay
Fonts & Graphics: The Overlooked Danger
Fonts are software and can be copyrighted. Using unlicensed fonts in logos or products is infringement.
- Check font license: Free fonts often have restrictions (personal use only, no embedding).
- Use reputable sources: Google Fonts (open source), Font Squirrel (commercial licenses), Adobe Fonts (with subscription).
- Check EULA: End User License Agreement specifies allowed uses.
- Convert to outlines: In design software, convert text to paths before sending to printers.
Special Section: For Clients (Buying Creative Work)
If you're hiring a freelancer or agency, you need to ensure the work you're paying for is legally clean. You can be sued even if you paid someone else.
Client Legal Protection Checklist:
- Get warranties in contract: Freelancer should warrant that all elements are original or properly licensed.
- Request source files: PSD, AI files with layers to verify elements.
- Ask for license receipts: If they bought a font or image, get the receipt.
- Do your own reverse image search: On final designs to ensure they're original.
- Trademark search: Before branding, search USPTO/WIPO.
- Indemnification clause: Freelancer agrees to defend you if sued.
- Register your own trademarks: Protect your brand identity.
Real example: In 2023, a startup paid $5,000 for a logo that used an unlicensed font. The font foundry sued for $50,000. The startup had to pay because they didn't verify the license.
Special Section: For Freelancers (Protecting Yourself)
As a freelancer, you can be held liable if you use unlicensed material in client work. Here's how to stay safe:
- Keep records: Save licenses for every font, image, template you use.
- Use only trusted sources: Stick to reputable stock sites.
- Create your own assets: Use Leonardo.ai or Canva to generate unique images.
- Indemnification clauses: Some clients ask you to indemnify them. Get insurance if possible.
- Educate clients: Explain why using free fonts from random sites is risky.
- Never use "found on Google" images: Always verify source.
- Get everything in writing: Client approvals, permissions from rights holders.
Special Section: For Print on Demand (POD) Designers
POD platforms (Redbubble, Teespring, Amazon Merch) are strict about copyright. One strike and you're banned forever. Amazon Merch permanently bans accounts for any infringement.
POD Safety Rules:
- Never use trademarked characters (Disney, Marvel, etc.) even if you redraw them.
- Avoid famous quotes that are trademarked ("Just Do It" is Nike's, "Let's Get Ready to Rumble" is trademarked).
- No sports team names or logos (NFL, NBA, MLB are strictly protected).
- Use only public domain images (pre-1928 generally safe in US).
- Create original typography, not commercial fonts without license.
- Search USPTO for words/phrases before designing.
- Use TESS for wordmark searches.
- Check Copyright.gov for registered designs.
Safe Niches for POD:
- Abstract geometric designs
- Original illustrations (your own hand-drawn work)
- Public domain art (Van Gogh, da Vinci, ancient patterns)
- Your own photography
- Text-only designs with common phrases (check trademark first)
- AI-generated art (ensure terms allow commercial use)
Case Study: In 2024, a Redbubble seller made $10,000 from Stranger Things designs. Netflix sued, and the seller lost everything plus $25,000 in damages.
Real Copyright/Trademark Case Studies
Case 1: The $200,000 Instagram Photo
A small business used a photo from Google Images on their Instagram. The photographer sued and won $200,000 in statutory damages. The image was from Getty Images and cost $15 to license.
Case 2: The Domain Name Disaster
A freelancer registered "nike-fitness.blog" for a client. Nike filed a UDRP complaint and won the domain. The client lost $5,000 in branding costs.
Case 3: The 10-Second Song Sample
A podcaster used 10 seconds of a popular song as intro music. The record label demanded $50,000 settlement. The podcaster had to pay or face trial.
Case 4: The Etsy Trademark Nightmare
An Etsy seller created shirts with "Keep Calm and Carry On" variations. The UK government trademarked the phrase, and the seller received a cease & desist after selling 500 shirts.
20-Step Copyright Safety Checklist
- Assume everything is protected until proven otherwise.
- For images: Reverse search (Google, TinEye, Yandex) + check metadata + look for watermarks.
- For domain: Search trademark databases (USPTO, WIPO, EUIPO) + check history (Wayback Machine).
- For audio: Use Content ID checks + PRO databases (ASCAP, BMI) + recognition apps.
- For video: Check source license + reverse keyframes + separate audio check.
- Read licenses carefully — "free" often has conditions (attribution, non-commercial).
- Keep records of all licenses and sources (screenshots, PDFs).
- When in doubt, contact the creator or rights holder.
- Consider "fair use" but consult a lawyer — it's a defense, not permission.
- If you can't verify, don't use it.
- For fonts: Check EULA, use reputable sources like Google Fonts.
- For client work: Get warranties in writing.
- For POD: Avoid all trademarked characters and phrases.
- Use public domain sources (pre-1928 works).
- Create original content with AI tools (verify commercial rights).
- Register your own copyrights and trademarks to protect your work.
- Monitor your work with reverse image search to detect theft.
- Get errors & omissions insurance (E&O) for freelancers.
- Consult an IP attorney for high-value projects.
- Stay updated — copyright laws change (e.g., CASE Act in US allows small claims).
Frequently Asked Questions
No. Giving credit does not replace permission. Unless the license explicitly allows use with attribution (like some Creative Commons), you need permission.
Still infringement. There's no "safe" duration. Sampling without permission is illegal. In 2021, a creator was sued for using a 2-second sample.
No. Characters are trademarked and copyrighted. Derivative works are infringement even if you redraw. Disney actively enforces this.
You might still face a UDRP dispute. Trademark owners can claim bad faith if you try to profit or cause confusion. Safer to avoid.
Statutory damages up to $150,000 per work, plus legal fees. Criminal charges possible for willful infringement. Actual damages can be higher if profits are involved.
No. Pinterest images are pinned from various sources, most copyrighted. Assume all are protected unless you verify the source license.
No. "Free" often means for personal use only. Check the license (EULA) for commercial use, embedding, and redistribution rights.
Generally no. Movie studios own copyright. Fair use may apply for criticism/review, but it's risky. Better to use promotional images released by studio.
In most countries, author's life + 70 years. For corporate works, 95 years from publication or 120 years from creation (US).
Depends. US Copyright Office says AI-generated works without human authorship aren't copyrightable. But terms of service vary — some AI tools grant you commercial rights. Check each platform's terms.
Many famous quotes are trademarked or copyrighted. "Float like a butterfly, sting like a bee" is trademarked by Muhammad Ali's estate. Check before using.
Yes. Google Maps, Apple Maps are copyrighted. Government maps (USGS) are public domain. Always check terms.
No. News photos are copyrighted by wire services (AP, Reuters). Using them without license is infringement.
Remove the design immediately. Contact the claimant. If it's a mistake, provide proof of license. POD platforms usually ban after 3 strikes (or 1 for serious infringement).
For serious disputes, yes. For preventive education, this guide helps. The Volunteer Lawyers for the Arts offers free help for artists.
Complete Resource Reference (40+ Tools)
| Tool/Resource | Use For | Link (Click to Open) |
|---|---|---|
| Google Reverse Image | Image search | images.google.com |
| TinEye | Image search | tineye.com |
| Yandex Images | Image search (Russia/EU) | yandex.com/images |
| Baidu Images | Image search (China) | image.baidu.com |
| USPTO TESS | US trademarks | uspto.gov/trademarks |
| WIPO Global Brand | International trademarks | www3.wipo.int/branddb |
| EUIPO | EU trademarks | euipo.europa.eu |
| UK IPO | UK trademarks | gov.uk/search-for-trademark |
| ASCAP | Music rights (US) | ascap.com |
| BMI | Music rights (US) | bmi.com |
| PRS | Music rights (UK) | prsformusic.com |
| GEMA | Music rights (Germany) | gema.de |
| YouTube Audio Library | Free music | youtube.com/audiolibrary |
| Free Music Archive | Free music | freemusicarchive.org |
| Unsplash | Free images | unsplash.com |
| Pixabay | Free images | pixabay.com |
| Pexels | Free images/videos | pexels.com |
| Creative Commons Search | CC-licensed content | search.creativecommons.org |
| Wikimedia Commons | Public domain/CC | commons.wikimedia.org |
| The Met Open Access | Public domain art | metmuseum.org/art/collection |
| NASA Images | Government work | images.nasa.gov |
| US Copyright Office | Copyright registration | copyright.gov |
| Wayback Machine | Domain history | archive.org/web |
| Whois | Domain ownership | whois.com |
| Corsearch | Professional trademark search | corsearch.com |
| TrademarkNow | AI trademark search | trademarknow.com |
| Berify | Video/image search | berify.com |
| TinEye Video | Video search (beta) | tineye.com/video |
| Pixsy | Image monitoring | pixsy.com |
| Google Fonts | Open source fonts | fonts.google.com |
| Font Squirrel | Commercial-use fonts | fontsquirrel.com |
| Adobe Fonts | Subscription fonts | fonts.adobe.com |
| VLA (Volunteer Lawyers for the Arts) | Free legal help | vlany.org |
Need Help with a Specific Copyright Question?
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