Can A Newspaper Use Your Photo Without Permission? What Australian Small Businesses Need To Know

If you’ve spotted your product shot or venue photo in the news without anyone asking first, you’re not alone. In Australia, photos are protected by copyright - and understanding when newspapers can (and can’t) use them will help you protect your brand, avoid confusion, and take the right next steps.

Whether you’re a photographer, a café owner with a polished media kit, or a design studio posting your work on social media, your images are a key part of your brand. So what happens when a newspaper publishes one of your photos without permission?

Below, we explain how copyright works for photos, the narrow circumstances where “fair dealing” may apply to news reporting, what to consider when people or private property appear in images, and practical steps to protect your business assets.

Can A Newspaper Use Your Photo Without Permission In Australia?

In most cases, no - a newspaper should not publish your photo without permission. Photos are protected automatically by the Copyright Act 1968 (Cth). The copyright owner controls key uses of the image, including reproduction, publication, and communication to the public (like putting it on a website).

“Permission” typically takes the form of a licence (often in writing). It can also be granted under terms you set for media use (for example, a media kit with clear licensing terms). If you haven’t licensed the photo, a newspaper generally needs your permission unless a specific exception applies.

Importantly, posting an image on your website or social media does not, by itself, grant newspapers a general licence to republish it. Platform terms may give the platform certain rights, but that doesn’t automatically extend to third parties such as news publishers.

Who Owns The Copyright In A Photo?

Copyright usually belongs to the photographer (the person who took the photo). There are common variations you should be aware of:

• Employee photographers: If an employee takes photos “in the course of employment,” the employer is typically the copyright owner.
• Independent contractors: A freelancer or agency usually retains copyright unless there’s a written agreement that assigns ownership or grants you an exclusive licence. If image rights matter to your business, make sure your agreement is explicit about who owns what and how images can be used.
• Newspaper’s own photos: If a newspaper sends its photographer to your premises or event, the newspaper (or the photographer/employer) will generally own copyright in those photos - unless there’s a contract that says otherwise.

If you regularly commission imagery for marketing or PR, it’s worth having a clear arrangement that secures your usage rights. Many businesses use a Copyright Licence Agreement so there’s no ambiguity over where and how images can be published (for example, allowing editorial coverage but restricting advertising use).

Finally, keep in mind that moral rights (like the right to be credited) belong to the individual creator (the photographer), even if they have assigned copyright. Moral rights can’t be transferred, though a creator can consent in writing to certain treatment of their work.

Are There Any Exceptions Newspapers Can Rely On?

There are limited exceptions that may apply to news publishers. The most common one discussed is fair dealing for reporting the news, but it’s narrower than many people think.

Fair Dealing For Reporting News

Fair dealing can allow a newspaper to reproduce a copyrighted work for the purpose of reporting the news, provided the use is fair and, where reasonable, the author is acknowledged. Whether a dealing is fair depends on context - for example, the purpose, the nature of the work, how much is used, and the effect on the market for the work.

Using a whole high-quality marketing image simply to illustrate a story (without the story being about the image itself) is less likely to be fair than using a small part of the image for a genuine news purpose and with proper attribution. Using the photo for advertising or to promote the newspaper is not news reporting and won’t fit this exception.

Incidental And Background Use

Australian copyright law contains narrow provisions for incidental inclusion (for example, where a copyright work appears accidentally in the background of a film or broadcast). This is not a general licence to lift and republish someone else’s photo as the subject of an article. Treat “incidental use” as a very limited and context-specific concept, not a broad exception.

Public Domain, Open Licences And “Media Kits”

• Public domain: If a photo is truly in the public domain (for example, copyright has expired), it can be used freely.
• Creative Commons or other open licences: If you’ve published an image under an open licence, the newspaper must comply with the licence terms (such as attribution or non‑commercial restrictions).
• Express permission: If your website or media kit states that “media may use these photos for editorial coverage of our business,” that’s likely a licence - but it should be clear on scope (editorial vs advertising, print vs online, duration, attribution, etc.).

Photos Of People, Places And Brands: Consent, Privacy And Defamation

Beyond copyright, other laws may be relevant depending on what the photo shows and how it’s used.

• People in photos: For editorial news use, photos taken in public places are generally permitted. However, for commercial uses (like advertising or implying endorsement), it’s best practice to obtain a model or talent release. If your business uses images of staff or customers, a Model Release Form can avoid disputes later. For a broader overview, see this guide to photography consent laws in Australia.
• Private property: Taking photos on private premises may require the owner’s permission. Even if a newspaper owns copyright in its photo, entering or shooting on private property without consent can raise separate legal and practical issues.
• Defamation risks: If a photo is presented in a misleading context that harms your reputation (for example, implying misconduct), defamation laws may be relevant in addition to copyright.
• Consumer law: The Australian Consumer Law (ACL) prohibits misleading and deceptive conduct. Using your photo to suggest you endorse a product or service when you don’t could trigger ACL issues.

If you share assets for publicity, consider packaging them with a simple media licence and, where people are identifiable, releases. Many businesses also prepare a short media release form for interviewees and anyone featured prominently.

What To Do If A Newspaper Has Already Used Your Photo

If your photo has been published without permission, acting quickly and calmly helps. A practical approach is often enough to resolve things without a dispute escalating.

1. Capture evidence: Take screenshots or photos of the use, note dates and URLs, and save copies of the article (including any social media posts).
2. Confirm ownership and rights: Check who owns the copyright (you, your business as employer, or a contractor). Confirm whether you granted any licence - for example, in a media kit or email chain.
3. Contact the publisher in writing: Explain you own the copyright, set out the unauthorised use, and state what you want (removal, credit, a one‑off licence fee, etc.). Keep the tone professional; many publishers will engage constructively.
4. Negotiate or escalate: If informal contact doesn’t resolve it, you can consider a formal letter. Many businesses use a well‑framed cease and desist letter to make their position clear. For complex or high‑impact matters, getting legal advice early can improve your outcome.

Remember: if the newspaper claims fair dealing, ask them to explain how the use is genuinely for reporting the news, why the amount used is fair, and whether attribution was provided where reasonable. “We found it online” is not a legal justification.

Practical Ways To Protect Your Business Images (With Useful Documents)

There’s a lot you can do to reduce unauthorised use and make it easier to enforce your rights if it happens.

Set Clear Rules For Media Use

• Publish a media kit with explicit licence terms: For example, allow editorial coverage of your business with mandatory attribution, but prohibit advertising use without written approval. A tailored Copyright Licence Agreement can set out these terms in plain English.
• Use your website’s legal pages: Your Website Terms and Conditions can spell out how your content (including photos, logos and copy) may be used. This makes your expectations visible to journalists and third parties.

Strengthen Ownership And Attribution

• Watermark and metadata: Light watermarks and embedded metadata (creator name, year, contact) can deter copying and support attribution and enforcement.
• Credit lines: Where you do permit use, state a required credit line (e.g. “© 2025 ABC Pty Ltd / Photo by Jane Smith”). Remember, attribution is a moral right that belongs to the individual photographer.

Secure Releases And Permissions

• Model or talent releases: If people are identifiable and you’ll use images commercially, get a signed release up front. You can also look at a short release form for filming where video or behind‑the‑scenes content is part of your campaign.

Lock In Rights When You Commission Photography

• Use clear contracts with freelancers: If you want to own the photos (or have an exclusive licence), make sure your agreement says so in writing before the shoot. If in doubt, have the photographer confirm rights in a short email and follow up with a formal agreement soon after.

Act Quickly If Something Goes Wrong

• Have a template outreach email: Keep a polite, to‑the‑point message ready that you can customise and send to publishers who use your images without permission.
• Know when to seek help: If the use is widespread, high‑profile, or causes reputational harm, getting early legal guidance can save time and protect your position.

If your business regularly shares press‑ready content, consider creating a lightweight content permissions workflow and a short “how to credit us” page. It’s simple, but it often prevents issues before they start.

Key Takeaways

• Newspapers generally cannot use your photo without permission; photos are protected automatically and the copyright owner controls publication and reproduction.
• Fair dealing for reporting the news is narrow - the use must be genuinely for news reporting, fair in the circumstances, and (where reasonable) include author attribution.
• Ownership depends on who took the photo and the contract in place; secure clear rights with freelancers and staff before you publish important imagery.
• When people or private property appear in your images, think about releases, privacy expectations, defamation risk and consumer law around implied endorsements.
• If a newspaper has used your photo, document the use, confirm your rights, reach out in writing, and escalate with a formal letter if needed.
• Practical tools like a Copyright Licence Agreement, a Model Release Form, a simple media licence in your Website Terms and Conditions, and clear credit requirements make enforcement easier and reduce disputes.

If you’d like tailored advice on protecting your images or need help putting the right documents in place, you can reach our team on 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.