Unauthorized use of product images: Rights, protection and measures
Recognize image rights infringements and find out how you can legally protect and enforce your product photos.
An article from Dr. Norman Dauskardt
Product photos are a central component of digital marketing and sales. More and more frequently, your own images suddenly appear on third-party websites, in Amazon listings or on social media. Often without consent, sometimes in a completely different context or even with competing providers.
This raises the legitimate question: Is such use permitted? And what options are there for taking action against it?
The following article provides a practical overview of which rights may be affected by unauthorized image use, how infringements can be identified and documented, which legal remedies are available and how specialized lawyer can help with the enforcement of image rights.
- Why is image theft legally relevant?
- What image rights can exist for product photos?
- How do you find out if your product images are being used without permission?
- What to do? First steps - secure evidence & identify users
- Your rights in the event of copyright infringement
- How do I take concrete action against the unauthorized use of product photos?
- Preventive protection of product photos
- Conclusion - it pays to react!
- Our legal support in the event of unauthorized image use
- Why is image theft legally relevant?
Your contact person:
Lawyer
Specialist lawyer for intellectual property rights
Phone: +49 30 36 41 41 90
E-Mail: kontakt@abd-partner.de
More articles from
Dr. Norman Dauskardt:
1. why is image theft legally relevant?
Product photos are more than just visual content. They are often legally protected assets. Using them without the necessary consent or approval can not only lead to an infringement of rights, but also to possible claims against the user, such as injunctive relief, information and compensation.
After all, anyone who uses images without authorization is not only acting unfairly, but often also unlawfully.
2. what image rights may exist for product photos?
The following rights may exist to product photos:
- Photograph and copyright protection: Product photos can be protected under performance law as simple photographs, § Section 72 (1) UrhG. It does not matter whether the photos were taken with a cell phone or professionally photographed. If the photo is particularly creatively designed and therefore represents an "intellectual creation", copyright protection may also be considered, § Section 2 (2) UrhG.
- Performance rights, esp. LicensesIf the photos were not taken by the photographer, use can be made possible by obtaining permission from the photographer, cf. § 31 ff UrhG. This is called a license. A contract can stipulate that the images may only be used by a specific person or company, for example for an online store or for advertising purposes. If the image is nevertheless used by third parties without authorization, the licensee can also take legal action against this, even if they did not create the image themselves.
- Competition law: Competition law can also play a role. In particular, if the use gives the impression that the offer originates from another provider. If the customer is confused as a result, this can not only be detrimental to business, but also damage the image of the company concerned.
3. how unauthorized use of product images can be detected.
But how can it be determined whether product images are being used and by whom? In many cases, unauthorized use is only discovered by chance. However, there are also targeted options for systematic checks.
- Reverse Image Search as a reverse image search: Some platforms such as Etsy and Google now offer a visual image search function. Simply upload an image and find out where else it is being used on the web.
- Monitoring tools: There are also paid services that automatically search for unlawful image use.
Even slightly modified images (mirrored, cropped, colored) may constitute copyright or license infringements, cf. § Section 23 (1) UrhG.
4 What to do in the event of "image theft"? First steps:
Preservation of evidence
First of all, evidence of the use in question should be secured, in particular by taking screenshots with a visible date, URL and browser line. It can also be helpful to identify potential contact persons, such as the product provider, the website owner or the responsible legal departments at platforms or larger companies.Clarify rights
Rights holders or holders of an exclusive usage license can generally take legal action against unauthorized use. The decisive factor here is that the corresponding rights of use are clearly documented, for example through express consent or clear contractual agreements. Clear documentation of the rights chain forms the legal basis for proving authorization in the event of a dispute and enforcing claims such as injunctive relief or damages.5 What claims exist in the event of unauthorized image use?
If a product photo is used without consent, various legal claims may arise:
Claim for injunctive relief and removal
If a claim for injunctive relief is successfully enforced, the user must stop using the images immediately, remove the images used from stores, social networks or advertising and may not use the images again in the future.
Right to information
This claim can be used to determine when, where and to what extent the image in question was used. This information is particularly important for quantifying possible damages.
Claim for damages
If a product photo is used without authorization, so-called license damages can be claimed as part of compensation for damages. The amount of damages is often based on the so-called license analogy, i.e. the amount that the rights holder would have demanded if the license had been properly granted. Factors relating to the individual case, such as duration of use, range and platform, are taken into account.
The following often serve as orientation MFM fee recommendationsespecially for professional images by professional photographers. Although these are not legally binding, they are regularly used by courts when making calculations.
A BSP: If, for example, the product image is used on the homepage for one month and the fee recommendation of the MFM for example, is 237 euros per picture, then the amount of damage is as follows:
- Basic license for online use at 237 euros on homepage
- + 100 % surcharge due to missing licensing in the amount of 237 Euro
- + 50 % surcharge for online store use in the amount of 118.50 euros
- + 25 % surcharge, if the use takes place on several domains, in the amount of 59.25 Euro
According to this exemplary calculation, this results in a total amount of 651.75 euros per image. If, for example, five product images are used for this period on several domains, the potential damage value is EUR 3,258.75.
Furthermore, additional compensation can be demanded for the infringement of moral rights - for example, if the author is not named.
These rights can also be claimed in the event of infringement of exclusive license rights.
For an effective enforcement of your rights, we recommend the support of a specialized lawyer.
6 How can concrete action be taken against the unauthorized use of product photos?
1. optional: friendly note and contact platform operator via form
A brief notification of your rights and a request to remove the image can often be enough to end unauthorized use quickly and easily. Many sales platforms also provide a function for reporting infringements - this can also be used to stop legal violations. Tip: Messages and any reactions should be documented. This can be helpful later if further legal action becomes necessary.2. warning by lawyer
The first step is usually a warning letter. The initial aim of this is to obtain an out-of-court injunction to refrain from using the product images until a certain date and also serves as preparation for possible legal proceedings.3. summary proceedings: Temporary injunction
If swift action is required, no response is given to the warning and it is not possible to wait until the main proceedings, an urgent application can be made to the court for a temporary injunction against the user. This will temporarily stop the use of the image until the court makes a final decision.4. Legal action: Action for damages and injunction
If no out-of-court settlement is possible, the case can be enforced in court with the prospect of injunctive relief, information and payment obligations. Legal support should not be dispensed with when taking these steps: A specialized lawyer helps you to avoid formal errors, to issue legally secure warnings, to act in summary proceedings and, if necessary, to enforce your claims in court.7. preventive protection of product photos
The following measures can be helpful to prevent unauthorized use from Product imagesn and to make it easier to prove them in an emergency.
- Watermarks or hidden markings in images (digital or optical)
- Rights notice on the website ("All contents protected by copyright")
- Regular image monitoring with reverse image tools
- Document images via blockchain or register service (for complex rights chains)
8 Conclusion - It pays to react!
9 Our legal support in the event of unauthorized image use
Would you like to enforce your image rights or seek advice? We are happy to offer you a non-binding initial consultation.
As experienced intellectual property lawyers, we know how crucial the protection of product images is for the commercial success of a company.
If you or your company are affected, for example because:
- Your Product photos without permission from other stores or on sales platforms such as Amazon, eBay or social media,
- a Competitor copies your imagesto advertise its own offers,
- you realize that your Product photos appearing in third-party listings, advertisements or catalogs,
... we will be happy to examine your legal options. Insofar as a Copyright infringement or a case of unfair competition we will support you in enforcing your rights: with warnings, injunctive relief and legal action.
Of course, we also work for the other side:
For example, if you have ae is accused of unauthorized use, we will examine the claims carefully and defend you vigorously.
You are welcome to contact our specialized lawyers for competition law directly. We are happy to offer you a non-binding and free initial consultation about your concerns and advise you and your company in Berlin, throughout Germany and Europe.
Call us now on the telephone number 030 36 41 41 90 e-mail us at kontakt@abd-partner.de or use directly our contact form!
