Using third-party photos can be expensive!

When using photos taken by a third party, is one obliged to verify the legal situation regarding usage rights, even if the person who provides the photos to you assures you that they have usage and transfer rights? This was the question that the Regional Court Düsseldorf (LG Düsseldorf) had to decide.

A professional photographer had taken five photos for a client. A third party subsequently received these images from the client and used them on his website over several years.

The photographer had the third party issued a cease-and-desist letter and asserted a claim for damages in court. He is of the opinion that the user infringed copyright. The photographer had merely transferred a simple usage right to the client for the client's own publications. Transfer to third parties for further use without the photographer's consent was not permissible.

The defendant third party, on the other hand, is of the opinion that he was granted the rights to use the images by the client. The client had assured him that he possessed sufficient transfer rights.

Court decision

The LG Düsseldorf (Urteil vom 26.08.2015 – Az. 12 O 370/14) ruled in favour of the photographer and held that there was a copyright infringement. The defendant was ordered to pay damages in excess of EUR 8,000.00.

The court justified its decision by stating that a heightened standard of care applies in copyright law. It is not sufficient for a person merely to obtain an assurance from third parties regarding the transfer of rights; rather, an acquirer is subject to a duty to conduct its own verification. In case of doubt, the acquirer must enquire about the legal situation with the actual author/creator.

Conclusion

When using images belonging to others, one should not rely on assurances from third parties regarding usage rights, but should rather verify with the author/creator whether one is entitled to use the images, in order to avoid a claim for damages.