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You may only use an image if you have permission or a valid license to do so. Copying photos from Google or any website is copyright infringement and can lead to settlement letters and damage claims. Copyright protects the creator for 70 years after their death. Therefore, use royalty-free or licensed images, read the license terms, and make clear agreements with photographers. Below, you can read how to handle imagery safely.
How does copyright on images work?
Copyright protects the creator of an image — for example, a photographer or illustrator — against unauthorized use of their work. Therefore, you may not simply take an image from the internet without permission or a valid license.
Copyright remains valid for 70 years after the death of the creator, calculated from January 1 of the year following that death. After that, the work falls into the public domain and you may use it freely. In practice, photos from, say, the 1940s are of little use; therefore, for current imagery, you are dependent on royalty-free or licensed sources.
Where do you safely get images from?
- Free image banks: there are databases with photos that you are free to use. Please note: other companies may use the same photos, so they are not unique.
- Paid stock agencies: high-quality images for a license fee. Always read the license terms — these determine where and how you may use the images.
- Creative Commons: also apply to Creative Commons images , such as attribution or a prohibition on commercial use. Adhere strictly to these.
- Own work or hired work: the safest option, provided you properly arrange the rights (see below).
What are the consequences of copyright infringement?
Unlawful use of protected images can lead to costly litigation and damage claims. Some companies represent photographers and use software to scour the internet for infringements. Anyone who uses an image unlawfully is difficult to untrace as a “copycat.”
Usually, a settlement letter follows first: you are put in default with a proposal to settle the matter financially. Two pieces of advice:
- Do not ignore the letter. If you do nothing, the claim can increase and escalate.
- Do not pay impulsively. The fees charged are often (much) too high. Have the claim assessed first.
Making good agreements with a photographer
If you hire an independent photographer, you get unique images — but only if you make the right agreements. By default, copyright remains with the creator, even if you pay for the assignment. Therefore, stipulate:
- Right of use: where and for what purposes you may use the photos (online, print, advertisements).
- Exclusivity: whether only you may use the images.
- Attribution: whether you may use the photos without mentioning the photographer's name.
- Duration and transfer: whether the rights are transferred or whether you receive a license, and for how long.
If you take photos of individuals yourself for marketing purposes, please take portrait rights: under certain circumstances, those portrayed may object to publication.
Frequently asked questions about copyright and images
May I use an image if I mention the source?
No, attribution alone is not enough. You need permission or a license. Attribution can be a condition of a license, but it does not replace permission.
I received a claim for a photo that my website builder posted. Who is liable?
As the rights holder, the photographer can turn to the party making the image public — often you, as the website owner. You may be able to hold your builder liable, depending on your agreements. Have the claim and your contract reviewed.
Are the amounts in a settlement letter always justified?
Not necessarily. The requested compensation is often higher than what is ultimately reasonable. A legal expert can assess whether an infringement has actually occurred and whether the amount is proportionate, and can negotiate on your behalf.
Help with image copyright
Have you received a claim, or do you want to make your image usage and photographer agreements legally watertight? The legal experts at MKB Juristen assess claims, negotiate settlements, and draft the appropriate license and assignment documents. View our copyright or schedule a no-obligation intake.
