Images on your website: copyright, licences and safe sources

Why are website images protected by copyright?

In Germany, photos do not have to be highly artistic to be protected. The Copyright Act protects photographic works and, under Section 72 UrhG, also simple photographs. In practice, even a basic product shot, team photo or construction-site image can be protected. The rights usually belong to the photographer or rights holder, not automatically to the company shown in the picture.

For websites, Section 19a UrhG matters because publishing an image online means making it publicly available. You need permission for that. Permission may come from a photographer contract, a stock-photo licence, a Creative Commons licence or your own rights. Without it, Section 97 UrhG can lead to injunctions and damages.

Which image sources are safe for small businesses?

Your own images are usually safest when it is clear who created them and where they may be used. If you hire a photographer, the offer or contract should explicitly allow use on your website, social media, Google Business Profile and advertising. A photo shoot alone does not always include all usage rights.

Stock-photo platforms can also work if you read the licence and keep the proof of purchase. Check commercial use, duration, editing rights, transfer to service providers and restrictions for sensitive industries. Free image libraries are not automatically unsafe, but proof can be harder if a photo or licence page disappears later.

• Own photos with documented creation and consent from identifiable people
• Photographer contracts with clear website and marketing usage rights
• Reliable stock licences with saved purchase or download proof
• Creative Commons images only when the exact licence terms are followed

What should you check in stock-photo licences?

Do not look only at the price. Read the licence. Many standard licences allow website use, but not every use in logos, templates, resale products or very large print runs. For a normal company website, a standard licence is often enough. Still, check whether editorial images may be used commercially and whether people, brands or buildings are visible.

Keep a small proof folder for every image: file, source, licence type, download date, invoice or screenshot of the licence page. It feels administrative, but it is extremely useful in a dispute. If an agency builds your site, it should hand over these records. With ongoing website care, this media inventory can be maintained instead of guessed years later.

Do employee and customer photos need consent?

Besides copyright, people photos involve personality rights and data protection. If employees, customers or patients are recognisable, get clear written consent before publication. It should say where the image will appear, for what purpose it is used and that consent can be withdrawn for the future.

Be especially careful in medical, care, consulting and other sensitive sectors. A happy customer photo may build trust, but publication can reveal health data, life circumstances or business relationships. In such cases, neutral detail photos, team images or illustrations are often safer.

When is attribution required?

Section 13 UrhG gives authors the right to be recognised as creators. Whether the name must be shown depends on the contract or licence. Many stock-photo providers do not require visible attribution on commercial websites once the licence is paid. Creative Commons licences, however, often require author, title, licence and link information.

Do not rely on the phrase royalty-free. It usually means no usage-based fees after purchase, not free of rights. If attribution is required, place it near the image, in the footer or on an image credits page. The key point is that the exact licence requirements are met.

What should you do if a photo warning letter arrives?

Do not ignore a warning letter, but do not immediately sign a prepared cease-and-desist declaration either. Under Section 97a UrhG, a warning should clearly identify the infringement and break down payment claims. First check: Is the image really on your website? Who added it? Do you have a licence, invoice or old contract?

Save screenshots, temporarily remove the image and get legal advice if the claim or declaration looks serious. The biggest risk is often not only the payment but an overly broad promise with contractual penalties. Technically, also check old posts, thumbnails, caches and language versions.

How do you create a safe image process?

A safe process is easier than cleaning up later. Decide who may choose images, where licences are stored and which sources are allowed. For small businesses, a simple table with filename, source, licence, date and page location is often enough. A new employee or web provider can then see immediately which images may still be used.

Also plan image quality and loading speed. Large photos should be compressed, cropped for the layout and delivered as WebP. At bezahlbare-webseite.de, these basics are part of ongoing website subscriptions from 79 euros per month: safe sources, correct image sizes, alt text and documentation instead of risky copy-paste images.