An eLearning course by Nicola Goldschadt
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Learning unit 2
Image rights on the web
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Brief description
In this learning unit, you will learn how to integrate photos on your website in a legally compliant manner. First of all, we will look at where you can obtain photos from and what you should consider legally. Another topic is the possible consequences of the ill-considered use of photos.
Structure
In this learning unit you can expect:
- Own photos
- Commissioning a photographer
- Use of agency photos
- Copyright infringements and warnings
Initial scenario
The page layout is clear, the texts match the concept, the photos invite you to click on. Photos – who took them? Do I have to specify that somewhere? Or should I rather take photos myself, regardless of the quality? Let’s take a look at this…
Video
Summary
Which images may you use?
- Self-taken photos of buildings, places and nature – i.e. anything that is publicly accessible – are unproblematic. The depiction of persons is only permitted if they are not identifiable or if the person has given their express consent to the depiction and, in particular, to the further use of the photo. Otherwise, this constitutes a violation of the Art Copyright Act, which leads to a claim for injunctive relief by the person concerned.
- In the case of images from commissioned photographers, the license conditions must be clarified in advance, i.e. to what extent the photos may be used and the photographer must be named as the author on the website. You should also clarify the temporal and spatial use, as well as the right to edit and reproduce the photos.
- It cannot be assumed that images from agencies on the Internet may simply be used. Even the designation “free of charge” or “license-free” does not automatically imply consent to any use. You should read the license conditions of the individual agencies carefully. It is necessary to clarify the temporal and spatial use of the photos as well as the reproduction and editing, as well as the naming of the author.
A disclaimer is not binding for third parties
If a request is made to remove a photo due to copyright infringement, it is important to ensure that not only the photo but also the URL is deleted. Warnings due to unauthorized use of photos can be issued by the respective authors and can be particularly expensive if photos also have to be removed from advertising materials, flyers and catalogs.
Initial scenario
The use of third-party photos is very often the subject of legal advice, as there are always misunderstandings as to which use is actually permitted. It is always better to ask carefully and to make a written agreement with both the photographer and the agency.
The homepage is now quite secure. Customers can get information, contact us to ask questions and book directly online. The contact form and the booking form are clearly laid out, so communication via the platform can begin. Speaking of communication – the customer’s data… Isn’t there something else to consider?