In this guide · 8 sections
- 01The basic rule: images online are protected by default
- 02Where business website images can safely come from
- 03Design tools and AI images: read the content licence
- 04Photos of people, staff and customers
- 05Fair use and other exceptions: narrower than people think
- 06Received a takedown letter? What to do
- 07Do it yourself or get help?
- 08Frequently asked questions
Short answer
Assume any image online is protected unless its licence says otherwise. Use your own photos, licensed stock, Canva or Adobe content within their terms, or Creative Commons images with the right credit. If a takedown letter arrives, check the claim, remove the image and get advice before paying.
The basic rule: images online are protected by default
Under the Copyright Act 2021, a photograph is protected from the moment it is created. Finding it on Google, Pinterest or a competitor's site does not change that, and neither does the absence of a watermark. Google's own help page on finding images you can reuse warns that images might be subject to copyright and that you should check the exact licence terms.
The Act came into force on 21 November 2021. The Ministry of Law's summary of the changes highlights two points that matter for websites: creators of photographs, even commissioned ones, are now the default first owners of copyright, and creators have a new right to be identified when their work is used in public.
Where business website images can safely come from
Each source has its own rules. The table below summarises the common ones, from their published licence pages as of October 2026.
| Source | Commercial website use | Main conditions |
|---|---|---|
| Your own photos (staff took them) | Yes | Get consent from identifiable people; check you own work done by contractors |
| Photographer you hired | Only as the contract allows | Default owner is the photographer since 21 Nov 2021; get a written licence or assignment |
| Unsplash | Yes, free | No permission needed; images cannot be sold without significant modification |
| Paid stock (Adobe Stock, Shutterstock, iStock) | Yes, within the licence | Standard licences limit some uses; editorial-only images cannot be used to advertise |
| Canva Free and Pro content | Yes, inside Canva designs | Not as part of a trade mark, logo or business name; Branded Content is personal use only |
| Creative Commons BY, BY-SA, BY-ND | Yes | Credit the creator; SA needs adaptations shared alike; ND means no edits |
| Creative Commons NC licences | Usually no | Non-commercial only |
| Google Images, social media, competitor sites | No, without permission | Ask the owner and get it in writing |
The Creative Commons licence guide lists six licence types. Any licence with NC (NonCommercial) covers use 'not primarily intended for or directed towards commercial advantage or monetary compensation', which rules out most business websites.
Design tools and AI images: read the content licence
Canva's Content License Agreement allows Free and Pro content in designs for advertising, promotion and social media, but it lists prohibited uses. You cannot use its content as part of a trade mark, design mark, trade name, business name or service mark, and Branded Content is for personal use only. Canva also says it gives no rights or warranty for people, trademarks or works of art shown in Free Content, so you are responsible for any release needed.
That logo rule catches many small businesses: a logo built from a Canva graphic cannot be protected as your trade mark. Our comparison of Canva and Adobe Express covers both tools' terms. For AI-generated images, see our guide to AI image generators for commercial use.
Photos of people, staff and customers
Copyright is not the only issue. A clear photo of a person is personal data under the PDPA, so you need their consent to publish it on a website, and you should tell them the purpose.
Photos of people
If you are thinking of AI-generated staff headshots, our guide on AI headshots and the PDPA covers consent and labelling.
Fair use and other exceptions: narrower than people think
The Copyright Act 2021 has a general fair use exception in section 190, and section 191 lists the matters a court weighs: the purpose and character of the use, including whether it is commercial, the nature of the work, how much is used, and the effect on the market for the work.
Using someone else's photo to decorate a commercial web page, blog post or advert is the kind of use where those factors tend to weigh against you, because it is commercial and replaces a licence the owner could have sold. Do not rely on fair use for website images without legal advice.
Received a takedown letter? What to do
Image owners and agencies use reverse image search to find unlicensed use, then send a demand. The stakes are real: section 308 of the Act lets a claimant choose statutory damages of up to S$10,000 for each work and up to S$200,000 for all works in the action, unless they prove a larger actual loss. Treat the letter seriously, but do not pay on the spot.
Do not ignore it, and do not pay yet
Note the deadline. Check that the sender and the image are real and that they claim to own or represent it.
Find the image and where it came from
Check your site, your designer's files and any stock or Canva account for a licence or receipt.
Take the image down
Remove it from the page, the media library and any cached or CDN copies, even while you check. Keep a screenshot of where it was.
Gather your evidence
Licence, invoice, download history, or the designer's statement of where it came from.
Reply in writing
If you hold a licence, send it. If you do not, say the image has been removed and ask for proof of ownership before discussing any fee.
Get legal advice for large demands
Speak to a lawyer if the sum is significant or the sender threatens court action.
Do it yourself or get help?
Auditing your own site's images is a manageable DIY job: list every image, note its source and licence, and replace anything you cannot account for. Keep the list with your website records so the next designer inherits it.
When we build a site, our Business Website package (S$1,490) uses your own photos or properly licensed free stock, records where each image came from, and hands over everything on accounts you own. Interior and architecture firms can see our portfolio website guide for project photo rights.
Frequently asked questions
Not without checking the licence. Most images that appear in Google search are protected by copyright, and Google itself warns that images might be subject to copyright. Use the usage rights filter only as a starting point, then open the source page and confirm the licence allows commercial use before you publish.
Unsplash's licence says no permission is needed and attribution is appreciated but not required. Its images can be used for commercial and non-commercial purposes, but cannot be sold without significant modification or compiled into a competing service. Crediting the photographer is still good practice and costs nothing.
No. Canva's Content License Agreement lists using its content as part of a trade mark, design mark, trade name, business name or service mark as a prohibited use, with fonts excepted. Build your logo from original artwork, or have a designer create one and assign the rights to your business.
The owner can ask you to remove it and may claim damages. Under the Copyright Act 2021, statutory damages can reach S$10,000 per work and S$200,000 in total unless the owner proves a larger loss. Remove the image promptly, check for any licence you hold, and get advice before paying a demand.
Since the Copyright Act 2021 came into force on 21 November 2021, the photographer is by default the first owner of copyright in commissioned photographs, unless the contract says otherwise. Agree in writing whether you will own the photos or receive a licence, and which uses it covers.