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No, you cannot simply put a photo from the internet on your website. Almost every photo is protected by copyright, so you need permission from the creator (usually the photographer). If you use a photo without valid permission, you risk having to pay damages. Important and often underestimated: you must also actively verify who the actual rights holder is. Relying on a statement from someone claiming to hold the rights is not sufficient according to Dutch case law.
Why you shouldn't just use a photo from the internet
A photograph is a work within the meaning of the Copyright Act. This means that the creator has the exclusive right to determine whether, and under what conditions, others may make the photograph public or reproduce it. Therefore, grabbing a photo from Google, using a stock image without a license, or copying an image from another website is, in principle, an infringement of copyright.
Copyright arises automatically as soon as the photo is taken; no registration is required. Therefore, even without a copyright symbol or mention of the photographer's name, copyright applies to the image. The absence of a name does not mean that the photo is “free” to use.
What are the consequences of copyright infringement?
If you use a photo without valid permission, the rights holder can hold you liable. In practice, this usually involves:
- A request to remove the photo from your website and social media.
- Compensation. This is often based on the license fee you would normally have had to pay, sometimes increased due to missed attribution or the infringement itself.
- Reimbursement of additional costs, such as investigation or legal costs.
The exact amount depends on the circumstances and the type of image. Therefore, do not allow yourself to be pressured by a high claim without having it legally reviewed, but do not ignore a formal notice either.
Portrait rights: additional rules for photos of individuals
If there is a recognizable person in the photo, portrait rights. This is a separate right of the person depicted. Even if you have properly arranged the copyright with the photographer, the person portrayed may, under certain circumstances, object to publication, for example if it harms his or her interests.
Do you want to use a photo of a person commercially, for example as promotional material? Then it is wise to record this in writing in a portrait rights quitclaim. In it, the person portrayed gives permission for the use of his or her image, so that you are not faced with any surprises afterwards.
You must actively trace the rights holder
Dutch case law assumes that you have a duty of inquiry: you must actively verify who holds the copyright to a photograph and whether the person to whom you grant permission is authorized to do so. Blindly relying on the statement “I have the rights” is not sufficient. Anyone who uses a photograph bears the risk that the permission may subsequently prove to be invalid.
A practical example
A striking example is a case heard at the Court of Appeal in The Hague. An entrepreneur received permission from a model to edit a photo of her and post it on his website and Facebook page. The model claimed to be the rights holder.
In reality, however, the model had only entered into a license agreement with the photographer: she was allowed to use the photos herself as promotional material on her website, but did not have the right to edit them (or have them edited) or to transfer her rights to third parties. When the photographer sued the entrepreneur, the court ruled that the entrepreneur should have been more careful.
According to the court, the entrepreneur should have verified whether the model had actually acquired the copyright, for example by requesting a copy of the deed of transfer of copyright . In addition, the copyright symbol with the photographer's name was still displayed next to one of the photos on the model's website. A thorough investigation should therefore have raised red flags.
What specifically does the judge expect from you?
- Check who took the photo and whether that person is still the rights holder.
- If in doubt, ask for proof of the rights: a deed of transfer or a license agreement.
- Pay attention to signals such as copyright symbols, watermarks, or attributions that point to a different creator.
- Check whether the person to whom you grant permission is authorized to grant that permission and is also permitted to transfer or license the rights.
Always record consent in writing
The cheapest mistake is the one you could have prevented. In the example above, the entrepreneur had not put anything in writing. Our advice is simple: always arrange the use of visual material in writing. That way, you know exactly what you are allowed to do, for which channel, for how long, and whether you may edit the footage.
At MKB Juristen, we routinely request supporting documents from the presumed rights holder. Where necessary, we compare the quitclaim, an existing deed of transfer, or the license agreement. This allows us to verify what the counterparty can and may actually transfer, and whether this aligns with what you intend to do with the photo. Whether it concerns photos, text, designs, or software: we carefully weigh the legal agreements so that you can publish with peace of mind.
Step-by-step plan: safely use a photo on your website
- Determine the source. Did you take the photo yourself, purchase a license from a stock agency, or obtain it from a third party?
- Verify the rights. Request proof if in doubt and read the license terms carefully.
- Check the right to privacy regarding portraits. Is there a recognizable person in the picture? If so, obtain permission from that person as well.
- Record agreements in writing. A license or quitclaim prevents disputes afterwards.
- Keep the evidence. Keep licenses, emails, and deeds well archived, in case you need them later.
Frequently Asked Questions
Am I allowed to use a photo from Google on my website?
No, not just like that. Google Images is a search engine, not a royalty-free image bank. Most photos found are protected by copyright. Only use images for which you have a valid license or permission.
Do I have to pay if I accidentally used a photo without permission?
That is possible. Whether the infringement was intentional or accidental usually makes no difference to the existence of the infringement. The rights holder can request removal and compensation. The amount depends on the circumstances.
Is a photo without a copyright symbol free to use?
No. Copyright arises automatically and does not depend on a symbol or attribution. The absence of these does not mean that the photo is royalty-free.
What is the difference between copyright and portrait rights?
Copyright protects the creator of the photo. Portrait rights protect the person depicted in the photo. With a photo of a recognizable person, you often have to take both into account.
How do I know for sure that the person giving me permission is actually allowed to do so?
Request proof of rights, such as a deed of transfer or a license agreement, and verify whether that permission also covers your intended use (such as editing or sharing). In doubt? Have the documents legally reviewed.
Need help using visual material?
Do you want to be certain that you can safely use a photo, design, or other creative work, or have you received a notice regarding an alleged infringement? The copyright at MKB Juristen can help you. We verify the rights, draft the appropriate agreement, and assist you should a conflict arise. Schedule a no-obligation intake and explain your situation to us.
