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Photographs, image rights & stock licences
Clear photographic rights, licence conditions and the rights of people or works appearing in an image.
German copyright law and relevant European rules. The appropriate solution depends on the facts, agreements and intended use.
Legal framework
An image may involve several rights at once: the photographer’s rights, copyright in depicted artwork, personality rights and data protection. German law can protect photographs even where they do not qualify as photographic works. Finding an image through a search engine or crediting its source does not replace a necessary licence.
Practical guidance
Maintain an image register with the asset identifier, photographer, licensor, purchase date, allowed media and expiry. Preserve the terms applicable when the image was obtained. Free and Creative Commons images may also impose conditions concerning attribution, alterations or commercial use. “Royalty-free” does not necessarily mean free of charge or unrestricted.
Cropping, retouching, compositing and AI-assisted modification require attention to the licence and authors’ moral rights. Permission for an editorial portrait does not automatically authorise product advertising. For claims, compare the actual image and use with the rights acquired before assessing liability and the amount demanded.
Practical examples
These fictional examples illustrate common issues; they are not accounts of particular client matters.
Example 1
Supplier photograph in a shop
A retailer copies a manufacturer’s product photograph. The commercial relationship does not automatically grant image rights. Confirm that the supplier can authorise the retailer’s intended publication.
Example 2
Employee portrait after departure
A former employee asks for removal. A current team page, historical event report and paid advertising may require different assessments. Review the legal basis, consent and actual context separately.
Example 3
Image agency demand
A company receives a demand for allegedly unlicensed use. Check the claimant’s rights, the image version and purchase records. A price list alone does not determine whether the amount claimed is justified.
Frequently asked questions
Is a source link enough?
No. Attribution and authorisation are separate issues, and the licence may require a particular form of credit.
Can an editorial image be used in advertising?
Not automatically. The licence, depicted persons and the proposed commercial context must be checked.
Preparing for advice
01 · Your objective
Explain the intended use or dispute, the parties, countries and any deadlines.
02 · Your documents
Gather agreements, licence terms, drafts, evidence of use and relevant correspondence.
03 · Next steps
We agree the scope and fees, then assess the permissions, contractual changes or proceedings required.
Related topics
Copyright licences & exploitation rights · Social media, advertising & platforms · Copyright infringement & cease-and-desist demands
Advice from German specialist lawyers
Michael Horak and Julia Ziegeler are German-certified specialist lawyers in copyright and media law. Hanover is our headquarters. We advise at our offices and by video conference. Meet the team · Contact us in English.
Legal reference: German Copyright Act (official German text).