Not everyone is aware of this, but copyright also applies to photos on the internet. In principle, a copyright gives the photographer, as the creator of the photo, the right to disclose and reproduce (publish and copy) the photo. Others should not do this without the permission of the photographer, including on the internet. Placing or distributing photos on the internet can, therefore, violate the copyright that rests on photography.

In some cases, there is no copyright in photos on the internet. These are photos that do not meet the copyright threshold. A photo must bear the personal stamp of the photographer. This means that the photo must show the photographer’s creative choices. If not, the copyright does not apply.

Also, copyright does not apply to free images. These are photos that have been made publicly available. Sometimes photos may be distributed relatively freely, which may be the case when the photo is subject to a creative commons license.

However, please also pay attention to the source. Reference is often required by copyright for photos on the internet. Sometimes a free license (such as the creative commons attribution license) requires attribution. 

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Are you a photographer and have your photos been used on the internet without your permission? Or have you been addressed yourself for using photos on the internet?

LAWFOX’s lawyers have extensive experience with copyrights. We would be happy to discuss the matter with you and if needed, then take action. We can prevent you, your company or your organization from going to court and negotiating a settlement, or taking legal action if required. We have a team available to assist you with all your copyright questions.

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