MKB Juristen drafts custom legal documents
It is best not to cobble together or copy important contracts, terms and conditions, and other legal documents yourself. We help entrepreneurs on a budget with customized legal solutions, clear costs upfront, and practical explanations.
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You cannot simply take product photos for your webshop from the internet: the photo is subject to the photographer's copyright, and the depicted product may be subject to the designer's copyright or design rights. Take your own photos or arrange for the proper permission.
Two types of rights to a product photo
With product photos, two rights are often at play. The copyright on the photo itself rests with the photographer. Additionally, the depicted product itself may hold copyright or design rights held by the designer. You must take both into account.
Copying photos from others is not allowed
You may not use a photo taken by someone else—for example, of a supplier or another webshop—without permission. If you do so anyway, you infringe copyright and risk a claim for damages, which can amount to a substantial sum for professional photographers.
Also pay attention to the product itself
Even if you take a photo yourself, the product depicted may be protected. With branded products and distinctive designs, publication can cause problems. However, if you sell the product lawfully, you are often allowed to depict it in order to sell it; the limits vary depending on the situation.
You are on the right track
Preferably take your own product photos, or use imagery explicitly made available to you by the supplier with a license that permits use in the webshop. Record agreements with photographers and suppliers in writing.
Frequently Asked Questions
May I use product photos from my supplier?
Only if the supplier explicitly grants you permission or a license to do so. Do not simply assume this.
May I use photos from another webshop?
No, that is protected by copyright. Copying without permission is infringement and can result in a claim for damages.
Am I allowed to display a branded product that I sell?
Often it is done to be able to sell it, but the boundaries vary. When in doubt, advice is wise.
Is your use of images legally secure?
Our legal experts advise on copyright and design rights and arrange licenses. View our copyrightteam, have a license agreement drafted, or schedule a free consultation.
