Image rights
Reading time: 5 Minutes

Proper handling of image rights

Author:
Sandra May
Posted on:
November 29, 2023

Contents

Images inject vibrancy and excitement into the Internet, playing a crucial role not only in online shops but also in elevating the appeal of blog posts. However, amid the creative use of images, the specter of copyright infringements looms large on the digital landscape, potentially resulting in significant financial repercussions. These costs often arise from a lack of awareness, emphasizing the need for fundamental knowledge of copyright law to shield oneself from legal consequences.

Author as Rights Holder:

Copyright predominantly safeguards the rights of the author, the creative force behind the work. Whether capturing a photo or creating images digitally or by hand, the person behind the process assumes the role of the author and automatically becomes the copyright owner.

Licensing Rights to Images:

While authors cannot transfer their copyright, they can grant usage rights through licenses. This opens avenues for website operators, presenting two options. One is commissioning photographers or graphic designers, ensuring exclusive licenses but at a potential cost. The second, more budget-friendly option, involves utilising image databases like Shutterstock, which offer both free and paid packages.

Example of how apps and websites ask your users to note authors and point them out.

Commercial and Editorial Licenses:

Image databases often distinguish between commercial and editorial licenses. Commercial licenses permit use in advertising and various scenarios, while editorial licenses, intended for non-commercial use, cater to blog posts and news articles.

Recognition of Authorship:

Authors possess the right to be recognized for their work. While the license agreement may specify details, the general expectation is acknowledgment in the immediate vicinity of the work. Image platforms, like Shutterstock, outline how author recognition should occur.

Quoting Images:

Bloggers and news portals may employ image quotes, a unique aspect of copyright law. Unlike text quotes, images can only be quoted in their entirety. Careful consideration is crucial to determine the necessity of an image quote, ensuring it aligns with copyright regulations.

Infringement of Copyrights:

Copyright infringement takes various forms, including copying, concealing authorship, or altering another person's image. Those affected by infringement can seek injunctive relief and compensation, the latter applicable only if the infringement was committed intentionally or negligently.

Händlerbund Assistance:

For online retailers navigating the complexities of legal protection on the Internet, the Händlerbund offers expertise. Choosing their legal services entitles retailers to a three-month discount on the membership package of their choice.

About the Author:

Sandra May, a legal expert specializing in competition and copyright law, has been contributing her expertise to online retailer news since September 2018. Her unique ability to articulate legal issues clearly for a lay audience stems from her background and experience.

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