Can I Use That Image? A Guide to Public Domain Ethics

“Just because an image is free to use doesn’t mean it should be used carelessly.”

In a time when the internet feels saturated with visuals, it’s easy to forget that behind every historical photo is a human story—and often, a cultural cost.

At The Framekeeper Project, we’re frequently asked:
“Can I use this image I found on the Library of Congress site?”
The short answer is: often, yes. But the real question is deeper:

Should you?
And how do you do so ethically?

Let’s talk about what public domain actually means, and why stewardship—not just access—is at the heart of ethical use.

What Is the Public Domain?

The public domain refers to creative works—like photos, writings, or films—that are not protected by copyright and are therefore free for anyone to use.

Many public domain images are:

• Created by the U.S. federal government (e.g., LOC, NARA, NASA)

• Published before 1928 (as of 2025)

• Explicitly released to the public by the creator or estate

This means you’re legally allowed to reuse, repost, remix, or even sell public domain content—without asking for permission.

But legality doesn’t always equal integrity.

Why LOC and NARA Images Are “Safe” (But Still Require Care)

The Library of Congress and National Archives and Records Administration (NARA) are two of the most respected sources of public domain images in the United States.

These collections often include:

• Historical photographs taken by federal employees

• Civil rights, military, and government documentation

• Indigenous records and cultural images

In most cases, their Rights Advisory section will say “No known restrictions,” which means they are free to use under public domain status.

But that doesn’t mean we should treat them like stock photos.

The Framekeeper Approach: Stewardship, Not Exploitation

At The Framekeeper Project, we curate public domain materials not because they’re “free”—but because they’re at risk of being forgotten, censored, or erased.

Our philosophy is simple:

• We do not own these images.

• We protect them.

• We contextualize them.

• We do not profit from their pain.

Every image we preserve is sourced responsibly, documented clearly, and offered freely for public education and remembrance—not for commercial repackaging or aesthetic detachment.

Attribution Still Matters

Even though public domain images don’t require legal attribution, we believe in naming the source out of respect.

Where possible, we include:

• The original archive or collection (e.g., Library of Congress)

• Photographer name (if known)

• Original description or context

• Any known date or geographic info

Because names matter. Places matter. And credit reinforces accountability.

A Note on Sensitive Use

Many public domain images depict:

• Enslavement

• Indigenous displacement

• Wartime atrocities

• Civil unrest

• Medical or institutional abuse

These are not just “aesthetic” or “vintage” images—they carry emotional weight, generational trauma, and cultural importance.
Ethical use means handling these images with care, sensitivity, and context.

When in doubt:

• Ask yourself who benefits from this use

• Avoid using traumatic imagery for decoration

• Provide clear historical framing

• Consider whether descendants might find the image exploitative

Quick Tips for Ethical Use of Public Domain Images

✔️ Verify the source. Stick to trusted collections like LOC, NARA, or Smithsonian Open Access.
✔️ Provide context. Don’t post without some explanation of who, what, when, and why.
✔️ Avoid sensationalism. Don’t use historic suffering as clickbait or shock value.
✔️ Respect cultural imagery. Especially when it comes to Indigenous or sacred documentation.
✔️ Attribute when you can. Even if not required, it’s respectful and transparent.

📷 The Internet Is Not An Archive—You Are

Websites change. Archives get restructured. Links break.
The only way to truly preserve public domain history is through responsible curation and decentralization.

That’s why we do what we do.

And if you want to see what ethical preservation looks like in practice, we invite you to explore the archive.

Explore the Archive → 

Because how we preserve history matters just as much as what we preserve.

Final Word

Public domain is a gift—but it’s also a responsibility.
When you use a historical image, you’re not just sharing pixels—you’re continuing a legacy.

So yes, you can use that image.
But more importantly—will you honor it?

Because photography is resistance. Memory is truth.
And we are its keepers.

Disclaimer:
The information shared in this post reflects our research and ethical standards as a preservation-focused archive. While we do our best to honor public domain guidelines and respectful use, this post is not intended as legal advice. We are not lawyers—just memory keepers doing the work with care.

If you have questions about legal usage or image rights, we encourage you to consult with a qualified intellectual property attorney.