Copyright for Images and Photographs
What you need to know
Copyright law protects photographs and images from unauthorized use. Whether you are a photographer yourself or want to use images for your business, copyright law governs how photos may be legally utilized. In the digital age, where images can spread rapidly across the internet, it is especially important to understand and respect image rights.
Copyright Law for Images and Photographs
Using Images on the Internet
On the internet, it can be tempting to simply download images from websites or social media platforms and use them for your own purposes. However, clear rules apply: every image that you did not create yourself is protected by copyright. To use images lawfully, you must either obtain the express permission of the copyright holder or purchase a license for the image.
- Stock Photos: A legal alternative is to use licensed stock photos, which can be purchased through platforms like Adobe Stock or Shutterstock. Here, you acquire the licensing rights to use the images.
- Creative Commons Licenses: Some photographers make their images available under a Creative Commons license. This allows use under certain conditions, such as giving credit to the creator.
Important: Even for seemingly “free” images, the exact licensing conditions must be verified.
Penalties for Copyright Infringement of Images
Unauthorized use of images can lead to serious legal and financial consequences. Copyright infringements are punished under the Copyright Act (UrhG), and the copyright holder has various claims:
- Cease-and-Desist Claim: The copyright holder can demand that the unauthorized use be stopped immediately.
- Damages Claim: If an image is used without permission, the creator can demand compensation. The amount of damages is often based on standard licensing fees, but may also cover any actual losses incurred.
- Penalties for Commercial Use: Especially in cases of commercial image use, penalties can be very high. In addition to damages, significant attorney and court fees may apply.
In some cases, an infringement may lead to a warning letter, requiring the infringer to pay damages and sign a cease-and-desist declaration.
Rights and Obligations of Photographers
As a photographer, you have the exclusive right to use your images and decide who may use them. These rights include:
- Publication and Distribution: Only the copyright holder of a photograph may decide if and where the image will be published.
- Right to Edit: The copyright holder also has the right to allow or prohibit edits or alterations to the image.
- Protection Against Unauthorized Use: If an image is used without permission, the photographer can take legal action to enforce their rights.
- Right to Attribution: The photographer is entitled to be credited as the creator of the image.
Photographers should always ensure that their copyrights are clearly indicated, especially when posting images online. This can be done through watermarks or clear copyright notices.
How Can You Protect Yourself from Copyright Infringement?
To avoid unintentionally violating copyright law, you should follow a few simple rules:
- Check Licensing Rights: Only use images for which you have acquired the rights, or which are available under a free license.
- Contact the Photographer: If you are unsure whether you may use an image, contact the photographer directly and request permission.
- Use Your Own Photos: The safest route is to use your own photos or have professional images created for which you hold the rights.
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- Individual consultation on copyright law
- Drafting and negotiating license agreements
- Writing cease-and-desist letters to enforce copyright claims
- Defense against cease-and-desist letters
- Judicial enforcement of copyright claims
- Enforcement of licensing claims out of court or in court