Unauthorized Use of Photos – Risks an the Right Response
In the age of social media and digital portfolios, it happens quickly: You use someone elseโs photo for your own presentation and suddenly receive a legal notice demanding high compensation.
๐ช๐ต๐ฎ๐ ๐ฌ๐ผ๐ ๐ฆ๐ต๐ผ๐๐น๐ฑ ๐๐ป๐ผ๐:
- Even in non-commercial contexts, the creator is generally entitled to appropriate compensation.
- The amount of compensation depends on several factors: commercial vs. non-commercial use, reach, and context of the usage.
- Flat-rate demands based on standard professional photography rates are not always justified โ especially in non-commercial cases.
- Claims for damages require proof of fault! Merely crediting the author does not make the use lawful.
- Ignorance is no defense โ always check image rights before posting!
๐๐ณ ๐ฌ๐ผ๐ ๐ฅ๐ฒ๐ฐ๐ฒ๐ถ๐๐ฒ ๐ฎ ๐๐ฒ๐ด๐ฎ๐น ๐ช๐ฎ๐ฟ๐ป๐ถ๐ป๐ด
- Verify the claimant’s authorship of the photo.
- Carefully assess the amount of the claim โ is it proportionate?
- Evaluate your own level of fault โ the required diligence varies (e.g., student โ media company).
- ๐๐ฎ๐น๐น ๐๐!
๐ฃ๐ฟ๐ผ ๐ง๐ถ๐ฝ๐:
- Always use legally verified sources for images โ such as stock photo platforms or images under Creative Commons licenses
- Early legal advice can save you money โ both when using third-party images and when defending against excessive claims.
๐๐ฎ๐๐ฒ ๐พ๐๐ฒ๐๐๐ถ๐ผ๐ป๐ ๐ผ๐ป ๐๐ต๐ถ๐ ๐๐ผ๐ฝ๐ถ๐ฐ? Contact us!