Copyright on photos for your website

Photos, images, and text are automatically protected by copyright. Under the Copyright Act (Auteurswet), only the creator may publish and reproduce their work. 

You can assume that all photos and works on the internet are copyrighted. Copyright on a work remains valid for 70 years after the creator’s death.

Copyright on photos and images

Are you still using that one photo from the internet for your company website without permission? Then you are directly infringing on the creator’s copyright. Even if you edit the photo, crop it, or put a filter over it, it is still copyrighted. 

For example, a photographer uses their professionalism, creativity, and time to take a picture. They also incur costs for materials, travel, and use of venues. When you infringe their copyright, the photographer misses out on income. In case of infringement, the photographer can demand that you remove their photo. You can also face a claim for damages. This can quickly amount to hundreds of euros per photo.

Copyright on text

Is text, whether on the internet or elsewhere, original and creative? Then it is covered by copyright. Is text very short, descriptive, or general in nature? If so, it will generally not be covered by copyright, but their are exceptions to this. As with photos, you cannot simply copy text. If you want to use existing text, you need permission from the copyright holder. Without permission, you are infringing copyright. 

Copyright on quotes

A quote is a short piece of text. If it has its own character or bears the creator's personal stamp, that quote is copyrighted. The writer must have made creative word choices. The text may not be general in nature.

You may not use a copyrighted quote for commercial purposes. For example, on your website or for printing and selling t-shirts. A quote without copyright may also be registered as a trademark at the Benelux Trademark Office. In that case, you cannot use the text for commercial activities either.

Copyright on videos

Videos are also copyrighted. You are not allowed to download a video and put it on your website. However, you may embed a video on your website. You embed the URL link between html code. But you cannot embed a video that already infringes copyright.

Citation rights

You may ‘quote’ a text, photo, or image without permission. This is when you use a photo, image, or short part of a text to reinforce your own story. This is called the citation right. Always state the name of the author. Also indicate the source, location, or a link to the website.

But be careful when using a citation for commercial purposes, you do need permission for this.

Prevent claims

You avoid high claims, annoying letters, and court proceedings by finding out who holds rights to a photo, rext or image. Do you wanrt to use a photo? Then come to an agreement with the person who took it or with their representative. If you cannot find this person, do not use the photo.

Make use of image databases or copyright-free databases. You can find these on the internet, where you can use copyright-free stock photos, often under conditions. Some image banks have conditions governing the use of such photos and some ask you to pay a fee. You can also use material from Creative Commons (in Dutch). This is an international standard for visual material. The creator specifies how and under what conditions you can freely use these photos without rights. 

Pictoright.nl is an initiative that champions the rights of image creators, pays collective fees, and arranges licences with users.

Maker unknown 

Are you using photos even if you cannot find out who created them? You can pay a fee for this through the Beeldanoniem foundation. As an intermediary, they arrange the rights for the use of images if you cannot find the copyright holder. Photographers also use the foundation’s list of fees as a guideline for determining what losses they have incurred.

Dealing with an infringement

Do you get an angry letter from a creator? Check whether you are using the photo, text, image, or video legally. If you are not, remove it immediately. Get in touch and find out if the party really has the copyright. Perhaps removing it is enough. 

Is the copyright-holder claiming damages? Start negotiating to see whether they will lower the amount. Commit to settling, and try to avoid difficult and costly court proceedings. If you are not cleared by the court, the costs will often be higher. If the copyright-holder is not willing to settle and the amount they are claiming is high, hire a legal expert. 

Help

Do you have questions on copyright? Contact the KVK Advice Team for help.