Images are indispensable in today’s digital communication. An attractive website, blog or social media post — without photos it is often only half as powerful. However, using photos also comes with responsibility. Many business owners unintentionally use images without the proper permission for doing so. And that can lead to substantial legal claims with damages.

Small users, big consequences

Recent research commissioned by the Federatie Beeldrechten (Image Rights Federation) shows that freelancers, small businesses, foundations and associations in particular regularly use (professional) photos without a valid licence. These users are also referred to as “small users”. The unlawful use of images is by no means always done with bad intent. Often, the knowledge of what is and is not allowed is simply lacking.

Copyright in photos lies, in almost all cases, with the maker — often a photographer. If you want to use a photo on your website, you in principle always need permission for that. A mere credit or a link to the source is not sufficient. Yet almost half of small users believe this is allowed.

The facts from the research at a glance

1. Every year, between 272,000 and 368,000 photos are unlawfully posted online in the Netherlands by small users.
2. Around 30% of small users did not have permission or a licence for the last photo they posted.
3. Private individuals and small foundations in particular are often unaware of the rules.
4. Courts award damages that can add up considerably, especially when there has been no consultation between the parties or when the infringement was committed intentionally.

What happens in the event of an infringement?

If a photographer or image library is notified of the unlawful use of their work, a claim often follows. Sometimes a lawyer or legal professional gets involved right away. You may then be faced with:

• Damages for lost licensing income;
• Compensation for infringement of moral rights (such as the absence of a credit);
• The counterparty’s legal costs, which can add up considerably in copyright cases.

Courts will generally take the scale of the user into account (e.g. a small freelancer). But the financial risk remains present. It also costs a lot of time and energy to see a legal matter through.

How to prevent problems

If you want to keep using certain photos for your business, make sure you have clear agreements and lawful use of images. You can achieve this by:

1. Only using images you are certain you are allowed to use. Purchase a licence through recognised image libraries, or work with a photographer with whom you make further arrangements;
2. Always keep a copy of the licence or permission;
3. Be alert to “free” images from the internet — free does not always mean free of rights;
4. Instruct employees who publish content on the correct use of images;
5. In doubt? Have a legal professional check the image before you publish it.

Conclusion

For most business owners, the following applies: you simply want to act properly, but you don’t have all the legal details and knowledge at your fingertips. That is exactly why we advise organisations to handle image use consciously, in order to minimise legal risks.

Do you have doubts about the lawfulness of images you use? The corporate lawyers at The Legal Company are happy to help you assess this image use, handle claims for alleged infringements, and advise you on licensing arrangements. The latter helps you avoid surprises afterwards — and shows that you handle creative work professionally.

Call us on 020 345 0152 or email info@thelegalcompany.nl