Works created with the intent to be shared in a public forum, regardless of the creator’s formal title at the time, are subject to close scrutiny. These works, while perhaps done donning the “student cap,” will not be protected by the educational fair use defenses that may be used for classroom projects, assignments, etc., done by students for use "in the classroom." Once assignments leave the password-protected learning management system, certain defenses are left behind as well. If you plan on using images in your assignments that will be posted publicly, consider the below before you begin.
In recent case law, it doesn't matter...
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if you link back to the source and list the photographer's name
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if the picture is not full-sized
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if you did it innocently
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if your site is non-commercial and you made no money from the use of the photo
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if you didn't claim the photo was yours
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if you've added commentary in addition to having the pic in the post
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if the picture is embedded and not saved on your server
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if you have a disclaimer on your site
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if you immediately take down a pic if someone sends you a DMCA notice (you do have to take it down, but it doesn't absolve you.)
None of the above conditions may release liability. You are violating copyright if you have not gotten express PERMISSION from the copyright holder OR are using pics that are not public domain, creative commons, etc.
What Students Can Do:
1. Ask for permission from the photographer before using the image.
2. Take his or her own photos.
3. Search for photos that are approved for use:
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Creative Commons-licensed pics-- You can search for photos that are free to use (with some restrictions) through Creative Commons. Usually, this means you have to attribute the photo to the owner and link back to their site.
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Wikimedia Commons offers free media files anyone can use. (Creative Commons license rules still apply if they attached to an image; however, many images on Wikimedia Commons are in the public domain and therefore copyright-free, meaning anyone can use and modify them for any purpose. You need to look at the description for each image and abide by those rules.)
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Buy a subscription to a stock photo site -- This can be pricey up front but then you have access all year. There are also sites that you can pay per pic.
Use photos that are in the public domain; as above, Wikimedia Commons is a great place to start.