Copyright in images
Every photo is protected under the German Copyright Act — as a photographic work (Section 2(1) No. 5 UrhG) or as a simple photograph (Section 72 UrhG). Anyone using third-party images on websites, social media or in advertising needs the appropriate rights of use.
Not only artistic photos are protected but also the simple snapshot. An image from Google image search is therefore not free to use just because it is publicly on the internet.
The author also has the right to be named as author (Section 13 UrhG). Many licences — including from stock agencies — prescribe a specific form of attribution; if it is missing, the author’s right is infringed.
In case of unauthorised use, the rights holder can demand injunctive relief and damages (Section 97 UrhG). Damages are usually calculated by licence analogy — what a proper licence would have cost.
What to look out for
- Document for every image used where it comes from and which rights exist.
- Read stock agency licence terms: where may the image be used, is attribution required?
- Implement attribution as photographer or licence require.
- For commissioned photos, settle rights of use clearly in the contract — for website, social media, print and advertising.
- Prefer your own photos and graphics where possible.
Common mistakes
- Images from Google search are used without a licence.
- The required attribution is missing.
- An image is used beyond the licensed scope, e.g. for advertising instead of only editorially.
Frequently asked questions
Not without further ado. Photos freely visible on the internet are also protected by copyright; using them requires the rights holder’s consent or a suitable licence.
The rights holder can demand injunctive relief and damages under Section 97 UrhG. Damages are usually calculated by licence analogy.
Yes. Photos without particular creative merit are protected as simple photographs under Section 72 UrhG.
Legal basis: Section 2(1) No. 5 UrhG · Section 13 UrhG · Section 72 UrhG · Section 97 UrhG · As of