Product photos are a central component of digital marketing and sales. Your own images increasingly appear without warning on third-party websites, in Amazon listings or on social media – often without consent, sometimes in an entirely different context or even with competing suppliers.
This raises the legitimate question: is such use permitted? And what options exist to take action against it?
This article provides a practical overview of what rights can be affected by unauthorised use of images, how violations can be identified and documented, what legal instruments are available, and how a specialist attorney can help with the enforcement of image rights.
1. Why is image theft legally relevant?
Product photos are more than just visual content. They are often legally protected economic assets. Using them without the required consent or authorisation can not only constitute a legal violation, but can also give rise to possible claims against the user, such as injunction, disclosure and damages.
Anyone who uses images without authorisation is acting not only unfairly, but often also unlawfully.
2. What image rights can exist in product photos?
The following rights may exist in product photos:
- Photographic and copyright protection: Product photos may be protected as simple photographs under related rights law, § 72 para. 1 UrhG. It does not matter whether the photos were taken with a mobile phone or photographed professionally. Where the photo is particularly creatively designed and thus constitutes a "creative work", copyright protection may also be considered, § 2 para. 2 UrhG.
- Related rights, in particular licences: Where the photos were not taken by yourself, use may be enabled by a corresponding authorisation from the photographer, cf. § 31 et seq. UrhG. This is called a licence. A contract can stipulate that the images may only be used by a specific person or company, for example for an online shop or for advertising purposes. If the image is nonetheless used by third parties without authorisation, the licensee can also take legal action, even if they did not create the image themselves.
- Competition law: Competition law can also play a role, particularly when the use creates the impression that the offer comes from a different provider. If the customer is confused as a result, this can not only be damaging to business but can also impair the image of the company concerned.
3. How to detect unauthorised use of product images
But how can it be established whether and by whom product images are being used? In many cases, unauthorised use is discovered only by chance. However, there are also targeted options for systematic review.
- Reverse image search: Some platforms such as Etsy and Google now offer visual image search. Simply upload an image and find out where else it is being used online.
- Monitoring tools: There are also paid services that automatically search for unlawful use of images.
Even slightly modified images (mirrored, cropped, coloured) can constitute copyright or licence violations, cf. § 23 para. 1 UrhG.
4. What to do in the event of image theft – first steps:
Upon discovering unauthorised use of product images, a systematic approach is recommended:
Securing evidence
First, evidence of the relevant use should be secured, in particular through screenshots with visible date, URL and browser bar. It may also be helpful to identify potential points of contact, such as the product supplier, the website owner, or responsible legal departments at platforms or larger companies.
Clarifying rights
Rights holders or holders of an exclusive licence can in principle take legal action against unauthorised use. The decisive factor here is that the relevant usage rights are clearly documented, for example through express consent or clear contractual agreements. A clearly traceable documentation of the chain of rights forms the legal basis for proving entitlement in the event of a dispute and enforcing claims such as injunction or damages.
5. What claims exist in the event of unauthorised use of images?
If a product photo is used without consent, various legal claims may exist:
Injunction and removal claim
Upon successful enforcement of an injunction claim, the user must immediately cease use, remove the used images from shops, social networks or advertising, and must not use the images again in future.
Disclosure claim
This claim can establish when, where and to what extent the image in question was used. This information is particularly important for quantifying any potential damages.
Damages claim
If a product photo is used without authorisation, a so-called licence damage can be claimed as part of damages. The amount of damages is often based on the so-called licence analogy, i.e. the amount the rights holder would have charged for proper licensing. Factors of the individual case, such as duration of use, reach and platform, are taken into account.
The MFM fee recommendations frequently serve as a guide, particularly for professional images by professional photographers. While legally non-binding, they are regularly used by courts in calculating damages.
An example: if the product image is used on a homepage for one month and the MFM fee recommendation is, for example, €237 per image, the following damage amount arises:
- Base licence for online use: €237 on homepage
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- 100% surcharge due to missing licensing: €237
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- 50% surcharge for online shop use: €118.50
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- 25% surcharge where use occurs on multiple domains: €59.25
According to this illustrative calculation, a total of €651.75 per image arises. If five product images are used across multiple domains for this period, the potential damage value amounts to €3,258.75.
Additionally, further compensation for violation of moral rights can be claimed – for example in the absence of attribution.
These rights can also be invoked in the event of violation of exclusive licence rights.
For effective enforcement of your rights, support from a specialist attorney is recommended.
6. How to take concrete action against unauthorised use of product photos
If evidence is now available and the responsible person or entity has been identified, the question arises of the next steps for enforcement. But how does the further procedure look from a legal perspective?
1. Optional: friendly notice and contacting the platform operator via a form
A brief notice of your rights along with a request to remove the image can often be sufficient to quickly and uncomplicated end an unauthorised use. Many sales platforms also provide a function for reporting violations – these can also be used to stop legal infringements. Tip: messages and any responses should be documented. This may be useful later if further legal steps become necessary.
2. Cease-and-desist letter by an attorney
The first step is usually a cease-and-desist letter. This initially aims to achieve extrajudicial cessation of the use of the product images by a specific deadline and also serves to prepare possible court proceedings.
3. Emergency proceedings: preliminary injunction
Where swift action is needed, where no response has been given to the cease-and-desist letter and waiting for main proceedings is not possible, an emergency application for a preliminary injunction can be filed with the court against the user. This provisionally stops the use of the image until the court makes a final decision.
4. Court route: litigation for damages and injunction
If no out-of-court settlement is possible, the case can be pursued through the courts with a prospect of injunction, disclosure and payment obligations. Legal support should not be forgone at these steps: a specialist attorney helps avoid formal errors, issue legally sound cease-and-desist letters, act in emergency proceedings and enforce your claims before court if necessary.
7. Preventive protection of product photos
The following measures can be helpful in preventing unauthorised use of product images and making it easier to prove in the event of an emergency:
- Watermarks or hidden markings in images (digital or optical)
- Notice of rights on the website ("All content protected by copyright")
- Regular image monitoring with reverse image tools
- Documenting images via blockchain or registry service (for complex chains of rights)
8. Conclusion – taking action is worthwhile!
Product photos are an important part of your brand identity. If your images are being used without permission, you should not accept it. In the event of unauthorised use, you may be entitled to claims such as injunction, disclosure and damages. The important thing is: secure evidence, identify the user and act swiftly. A specialist attorney can help enforce your claims and prevent further violations.
9. Our legal support for unauthorised use of images
Would you like to enforce your image rights or seek advice? We are happy to offer you a no-obligation initial consultation.
As experienced attorneys in intellectual property law, we know how crucial the protection of product images is to the commercial success of a company.
Should you or your company be affected, for example because:
- Your product photos are being used without permission by other shops or on sales platforms such as Amazon, eBay or social media,
- a competitor has copied your images to advertise their own offers with them,
- you discover that your product photos appear in third-party listings, advertisements or catalogues,
… we are happy to review your legal options. Where a copyright infringement or a case of unfair competition exists, we support you in enforcing your rights: with cease-and-desist letters, injunction demands and judicial enforcement.
Naturally, we also act for the other side:
If you are accused of unauthorised use, we carefully review the claims and defend you resolutely.
Please feel free to contact our specialist attorneys for competition law directly. We are happy to offer you a no-obligation and free initial consultation about your matter and advise you and your company in Berlin, nationwide and across Europe.
Call us now on 030 36 41 41 90, write to us at kontakt@abd-partner.de or use our contact form directly!
