Image Rights on the Internet

Image Rights

Images enjoy extensive protection. When they are published on the internet, it does not mean that they are in the public domain and can be used by anyone. Rather, the right of disposition of the images remains solely with the creator of the images, i.e., the photographer, painter, or for example, the agency that presents the images on the internet.

Nevertheless, such images are often copied and used for personal purposes. If this happens in a purely private context, it rarely causes problems. However, if such images “found” on the internet are published on a homepage, there is a risk of receiving a cease and desist letter from specialized lawyers. It is not uncommon for high four-figure euro amounts to be demanded.

The usual reaction is then to immediately delete the affected image from the homepage. But unfortunately, this is not the final solution. Because the accusation still remains. This can only be eliminated by submitting a declaration to cease and desist.

But beware: The pre-prepared declarations to cease and desist, which are often attached to the warning letters, are regularly formulated too broadly. Therefore, one should seek early advice from a specialized lawyer about the possibilities of a defense or negotiation strategy. This can often save hundreds or thousands of euros, and sometimes even completely ward off the accusation.

Creative Commons and Other Helpful Licenses

The safest way is to use only images that you have created yourself – with the disadvantage that these sometimes lack professionalism.

Another way is to have images created by a professional. However, the right of use and exploitation must then be transferred to the necessary extent. Clear regulations are needed here to avoid later disputes about the scope of the rights transfer.

Alternatively, you can acquire images for which you purchase a usage license that allows publication on the internet. Currently, the so-called Creative Commons licensing is particularly popular.

Even with this license, there are various variants. Therefore, in cases of doubt, it may be necessary to seek expert legal advice. This applies not only, but especially, when persons are prominently depicted. In such cases, while the Creative Commons license may authorize the publication of the image, it is still not clear whether the depicted persons have agreed to the use in the intended manner. Their consent may be required. Without consent, the personal rights of the depicted persons are often violated. This can also justify a cease and desist letter.

We are happy to help clarify the question of sufficient licensing and clarification of personal rights.

Usage Limits for Commissioned Work

For the design of your own homepage or web presence, this means: Always and exclusively use images that you have either created yourself or for which you have the necessary license rights. The fact alone that a photographer has received a fee for an image is not sufficient. Rather, you must also ensure contractually that the rights for the intended use are transferred. If the images are created for a flyer, you may not integrate them into a website without further ado; if they are commissioned for the website, the images may not yet be used in a product catalog.

We are happy to assist with the contractual design and review of the rights situation.