Am I allowed to sell other people's photos on my website?
July 25, 2024 | 55,00 EUR | answered by Johann Kock
Dear Media Law Attorney,
My name is Piotr Voss and I operate a website where I offer photos for sale. I have come across some photos that I really like and would like to publish on my site. However, these photos are not taken by me, but by other photographers. Now I am wondering whether I can sell these foreign photos on my website without further ado, or if I need to obtain the consent of the authors.
I am unsure about whether I would be violating copyright law and what legal consequences could arise for me. I do not want to get into legal trouble, so it is important for me to assess the situation correctly.
Could you please explain to me what regulations exist in the field of media law regarding the sale of foreign photos on my website? Are there ways for me to still legally use and sell the photos, for example by acquiring licenses? What steps should I take in this situation to protect myself and avoid potential legal problems?
I thank you in advance for your support and advice on this matter.
Sincerely,
Piotr Voss
Dear Mr. Voss,
Thank you for your inquiry regarding the sale of third-party photos on your website. It is good that you are taking the time to inform yourself about the legal framework in order to avoid any potential legal consequences. In the field of media law, there are clear regulations regarding copyright, which also apply to the sale of photos.
In general, photos are inherently protected by copyright. This means that the author has the exclusive right to decide on the use of their photos. Therefore, if you wish to publish photos from other photographers on your website and offer them for sale, you typically need the author's consent. Otherwise, you would be in violation of copyright law.
However, there are ways in which you can still legally use and sell the photos. One option is to acquire licenses. This means that you purchase a license from the author, allowing you to use and sell the photo. There are various types of licenses, such as a simple license for single use or an extended license for longer use or use in different media.
It is important that you always obtain the necessary licenses before selling third-party photos to avoid legal issues. Otherwise, you risk the author taking legal action against you to enforce their copyright.
In your situation, I recommend contacting the authors of the photos and discussing potential licensing agreements with them. Clarify the terms of use with the photographers and, if necessary, enter into a licensing agreement. This way, you protect yourself from legal issues and can sell the photos legally on your website.
I hope this information is helpful to you and I am available to assist you with any further questions.
Sincerely,
Johann Kock
Media Law Attorney
