What happens if a creative commons image turns out to be copyright protected?

Question

There are lots of image websites that offer creative commons images that people can download and use for free. When it comes to blogging this is fantastic as it avoids infringing on copyright, but what if the image is there illegally?

What if someone uploads a random image that someone else owns the copyright to and they list it as creative commons. People will use this image thinking it is legal to do so. Who is at fault for this and how can people who use creative commons websites avoid getting into trouble if this were to happen?

Answer 1

If you use an image, you are responsible for ensuring you have permission to do so

If you want to use it you must make all reasonable efforts to identify the author and either get their permission, determine that the image is public domain, or use it under a fair use/dealing doctrine. You cannot rely on what unidentified third parties say about it.

If you have done this and are unable to determine the author and use it anyway then you are still in breach of copyright.