Images from the Internet - A risky business

The Internet is a vast repository of not only information, but also visual content that people love to draw from. When creating a blog post, PowerPoint presentation, or website design, the right image is missing. A quick Google search can quickly lead to the desired result - and possibly a lot of trouble. Christian Solmecke explains how to avoid this.

Christian Solmecke, lawyer and partner of the Cologne-based (Germany) media law firm WBS.LEGAL, specializes in advising the Internet and IT industries and reveals in an interview what you should absolutely pay attention to when using images from the Internet.

1 Why is using images from the internet so risky? What rights must be respected? 

Using images from the Internet is risky, mainly because it may violate copyrights. The central law here is the Act on Copyright and Related Rights. Every photograph is protected by copyright, at least as a "photograph". This means that only the author can decide how a work may be used. Third parties need a license from the author to use it.

In addition, the rights of the people depicted may be affected if the images are posted online without their consent. Specifically: personal rights, the right to your own image, and the data privacy protection laws.

2 Are there exceptions to when and where I can use images from the Internet?

In the Act on Copyright and Related Rights, there is the possibility of using a license to use images from the Internet. There are numerous image platforms on the Internet, some of which provide free licenses. However, caution is also required with "royalty free" images: One should always take a look at the respective license conditions in order to comply with the conditions for use. There are also legal exceptions, such as the right to quote or the right to creatively integrate an image as a "pastiche" in a new work. If one meets the requirements of the law here, no license is needed.

3 What must copyright and source citations look like?

Under German law, it is sufficient for the copyright notice to state the name of the author. However, the exact form of the copyright notice depends on the contractual requirements of the contracting party.

4 What should be done if the author cannot be identified?

If the author cannot be identified, the image should only be used on a platform whose terms of use permit use without attribution. Otherwise, various collecting societies that represent the rights of many authors may be helpful in determining the author. If you are lucky, search engine image searches can also help.

5 Do I have permission to edit or modify images from third parties?

Third-party images may not be edited or modified without the consent of the copyright holder. Other conditions apply only if the license terms permit. However, if a work is used only as a suggestion for the creation of a new work, and there is a clear creative distance between the two works, it may be freely used and exploited without permission.

6 What should I consider when taking pictures?

As the creator of the image, each author can decide for himself or herself whether and how he or she wants to publish his image or in what form he or she wants to use it. This includes, in particular, any publication of the image on the Internet. If someone "steals" the image, you can take action against them.

7 What are the penalties or consequences for illegal use of images from the Internet?

In the case of illegal use of images from the Internet, the infringer is first threatened with a warning from a lawyer. The lawyer's fees and damages will be demanded. In addition, you will be asked to sign a cease-and-desist declaration, which will result in a high contractual penalty in the event of further infringement. Because of this risk, you should seek legal counsel if you receive a cease-and-desist letter. If the copyright holder reports the infringement to the police, he or she may face fines or imprisonment for up to three years. However, this is very rare.

8 In what context and how often do such violations occur?

Statistics show that the number of recorded copyright infringements in Germany has increased since 2011. Unfortunately, we cannot say in what context the recorded violations occurred. In 2011 the number was 7021 and in 2022 it was already 9320 violations per year. In my opinion, this is due to the fact that it is now easier than ever to commit copyright infringement on the Internet.

9 What can companies with hundreds of thousands of employees do to best protect themselves against loss?

As a preventive measure, large companies can, for example, require their employees to undergo training on copyright infringement. Companies can also agree to joint liability for employees in the event of blatant copyright infringement, for example through additional employment agreements. Companies can also protect themselves against damages caused by copyright infringement by taking out professional liability insurance.

Did you know that incorrect and incomplete business documents and email signatures can have legal consequences? Find out in our interview with David Geßner (LL.M.), specialist lawyer for copyright and media law and for industrial property.