Can I be legally liable if I publish a photo belonging to someone else on my website?
November 19, 2022 | 45,00 EUR | answered by Edith Fischer
Dear Media Law Attorney,
I have a question regarding the use of photos on my website and I hope you can help me. My name is Yvonne Fritsche and I run a small online boutique where I sell handmade products. In order to present my products in an appealing way, I have used some photos from other websites that I believe fit well with my assortment. Now, however, I am concerned about the possibility of facing legal consequences, as I did not ask for permission before publishing the photos.
In the past, I have heard that using photos from others without permission can lead to legal consequences. As a sole proprietor, I do not have the necessary budget to pay for expensive warnings, so I want to make sure that I am not breaking any laws and protect myself from legal issues in the future.
Can you please explain to me if I can be legally liable if I publish someone else's photo on my website? Are there possible solutions or alternatives that I should consider to protect my business from legal consequences?
Thank you in advance for your help.
Sincerely,
Yvonne Fritsche
Dear Mrs. Fritsche,
Thank you for your inquiry regarding the use of photos on your website. It is very understandable that you are concerned about possible legal consequences, especially as a sole proprietor with limited financial resources.
In general, using someone else's photos without permission can constitute a violation of copyright. The creator of a photo has the exclusive right to determine how their work is used. So if you use photos from other websites without obtaining the author's permission, you could indeed be legally liable. This could lead to warnings, cease and desist declarations, and claims for damages in the worst case scenario.
To protect yourself from such legal issues, there are various solutions and alternatives you can consider. The safest option is, of course, to only use photos for which you have the necessary usage rights. This means either creating photos yourself or using photos from platforms that offer licensing agreements, such as stock photo websites. There, you can purchase photos for commercial purposes and use them legally on your website.
Another option is to ask the author of the photo for permission. Often, photographers or companies are willing to provide their photos for specific purposes for free or for a small fee. In this case, you should obtain written consent from the author to ensure that you are allowed to use the photos lawfully.
If you have already used photos without permission, it is advisable to promptly remove them from your website to prevent further legal issues. In the event of a warning, it is important to seek professional legal advice to best represent your interests.
I hope this information is helpful to you and helps you protect your business from legal consequences. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Edith Fischer
Media Law Attorney
