Product images and their legal relevance
Product photography has become a cornerstone of digital marketing and online sales. Increasingly, however, businesses discover their own photos on other websites, in Amazon listings, or across social media — often without consent, sometimes in completely different contexts, or even used by competitors.
That naturally raises key questions:
Is such use ever permitted? What rights exist, and how can businesses act effectively against it?
This article offers a practical overview of the rights affected when product images are used without permission, how to identify and document violations, what legal remedies are available, and how specialized counsel can support enforcement.
Why image theft is legally relevant
Product photos are more than just visual marketing assets — they are protected intellectual property. Using them without authorization is not only unfair but often unlawful, giving rise to claims such as injunctions, information rights, and damages. Unauthorized use undermines the photographer’s or licensee’s rights, causes direct competitive harm, and distorts fair market presentation.
What rights can exist in product photos?
Copyright and neighbouring rights
Product photos are in Germany protected as photographs or photographic works. Protection arises automatically upon creation — whether the image was taken with a smartphone or professional camera. Where the photo shows creative individuality (composition, lighting, styling), copyright protection applies; otherwise, it enjoys neighbouring-rights protection as a photograph. In either case, the unauthorized reproduction, distribution, or publication of the image constitutes an infringement.
Licensing and exclusive rights
Where photos are created by third parties, usage rights typically derive from a license agreement. Such agreements may grant exclusive or non-exclusive use — for example, for an online shop or specific advertising purpose. If a third party nonetheless uses the images without permission, the author and/or the exclusive licensee may enforce rights against the infringer. Proper documentation of the rights chain is therefore essential.
Unfair competition
Unauthorized image use can also violate unfair-competition law, particularly when it gives the false impression that the infringer’s goods originate from another business. Such passing off misleads consumers, damages reputation, and may entitle the affected company to both injunctive and damages claims.
Detecting unauthorized use of product images
In many cases, infringements are discovered by chance — for example, while browsing competitors’ shops. Yet there are also structured ways to monitor image use:
- Reverse image search: Free tools (e.g., Google Images, Bing Visual Search) allow you to upload an image and find visually similar results across the web.
- Monitoring tools: Paid services can track large volumes of content and automatically flag unauthorized image use.
Even slightly modified versions (cropped, mirrored, recoloured) can still amount to copyright infringement.
First steps when image misuse is discovered
Evidence preservation
Where unauthorized use of product images is identified, a structured approach is advisable. Evidence should be preserved, in particular screenshots showing the use together with visible URL, date and browser bar. Where appropriate, potential contact points may be identified, such as the product vendor, website operator, or the relevant legal departments of platforms and larger companies. Coordination of these steps is commonly handled by counsel to ensure that documentation is complete and admissible.
Clarifying the rights position
Before enforcement, the rights position is typically clarified. Ownership or an exclusive license is documented (e.g., contracts, written permissions, invoices), and the chain of title is set out in a manner that can be produced in a dispute. This documentation provides the legal basis for injunctive relief, removal and damages. In practice, this review and the ensuing correspondence are generally conducted by specialized counsel.
Legal claims in cases of unauthorized image use
Injunction and removal
The infringer must immediately cease use, remove the image from all online locations (shops, social media, advertising), and refrain from future use. Failure to comply can trigger penalties.
Right to information
The rights holder may demand details on where, when, and to what extent the image was used — essential for calculating damages and assessing market impact.
Damages (license analogy and typical figures)
Where a product photo has been used without permission, damages are commonly assessed on the basis of the license analogy — i.e., the fee that would have been payable had a proper license been obtained for the actual scope of use. In practice, duration of use, reach, and the distribution platform are taken into account. As a point of reference, courts regularly consult the MFM fee recommendations for professional photography https://bvpa.org/mfm/; while not binding, they are frequently used to guide valuation.
By way of illustration, a baseline online-use fee of €237 per image for one month may be uplifted by 100% for unlicensed use, plus 50% for online-shop deployment and plus 25% for use across multiple domains — resulting in €651.75 per image for that period. Where, for example, five product images were used in this manner, the aggregate figure would be roughly €3,200 for the month. In appropriate cases, additional compensation may be claimed for breaches of moral rights (such as missing author credit). These claims can also be pursued by exclusive licensees, provided the exclusivity and chain of title are properly documented.
For effective enforcement and accurate quantification, it is standard that the assessment and correspondence are handled by specialized counsel.
Enforcement: how to proceed against infringers
With evidence preserved and the responsible party identified, the next question is how enforcement should proceed as a matter of law. What does the subsequent course of action look like from a legal perspective?
Step 1: Informal notice or platform report
Sometimes, a brief notice or copyright complaint via the platform’s form (e.g., Amazon, eBay, Meta) is enough to stop the unauthorized use. Keep all correspondence as proof.
Step 2: Cease-and-desist letter (Abmahnung)
The standard formal step is a lawyer’s cease-and-desist letter demanding the infringer to stop use by a set deadline and provide a binding undertaking with a contractual penalty. This approach often resolves the matter swiftly and avoids court proceedings.
Step 3: Interim injunction
If urgent action is needed — for example, ongoing commercial use despite warning — an interim injunction may be sought in court. It halts image use immediately until a final judgment is rendered.
Step 4: Court proceedings
Where no settlement is reached, full court action can follow to secure injunctions, information, and damages. Because procedural precision is essential, professional legal representation is highly recommended. A specialist IP lawyer can ensure deadlines are met, claims properly formulated, and enforcement strategies aligned with your business goals.
Preventive measures: protecting your product photos
Effective protection begins before infringement occurs. Consider:
- Adding visible or hidden watermarks to images
- Including a copyright notice on your website (“All content protected by copyright”)
- Regular reverse-image monitoring
- Registering or blockchain-marking key images for evidentiary purposes, especially when multiple-tier licenses exist
These steps make later enforcement easier and strengthen evidential standing in case of dispute.
Conclusion: why enforcement matters
Product photos form an essential part of brand presentation. Unauthorized use does not have to be accepted. In such cases, claims for injunction, information and damages may be available. For appropriate enforcement, legal coordination by specialized counsel is advisable, ensuring that evidence is properly preserved, responsibility is established, and claims are pursued effectively, thereby preventing further infringements. With structured enforcement, rights holders can stop misuse, recover damages, and maintain brand integrity.
Our legal support for unauthorized image use
If your product images have been used without authorization, or you wish to clarify your company’s position before taking action, ab&d can provide a clear legal assessment and a practical enforcement strategy.
As experienced lawyers in intellectual property and unfair competition law, we understand how decisive image rights are for brand consistency, consumer trust, and the commercial success of a product line. Unauthorized use can occur in many forms — from copied listings on Amazon or eBay, to image reuse on social media or third-party online shops, or the incorporation of your photos into promotional materials by competitors.
Once such use is verified, it is often possible to take targeted legal measures to stop further dissemination, obtain disclosure about the extent of use, and seek compensation reflecting the fair license value of the images.
We also advise companies that have received infringement notices or accusations of unauthorized use. In such situations, our role is to assess the legitimacy of the claims, review licensing documentation and copyright chains, and develop a reasoned response to avoid unnecessary liability.
For tailored advice or a first orientation meeting, you can reach our intellectual property and competition law team directly at info@abd.legal or by phone at +49 176 83 774 098. Consultations are available in English, German, and Polish.