Can I use photos or texts from other companies without permission?
March 24, 2022 | 30,00 EUR | answered by Greta Kleine
Dear lawyer,
My name is Ben Strauss and I run a small online shop for handmade products. Lately, I have noticed that many of my competitors are using photos and texts from other companies to promote their products. I am now wondering if it is legally allowed to use photos or texts from other companies without their permission.
I am unsure if I can simply download images and texts from the internet and use them for my own advertising purposes. I do not want to run into legal issues, but I also do not want to fall behind my competitors who seem to be using content from other companies without consequences.
Therefore, I would like to ask for your advice on whether I am allowed to use photos or texts from other companies without their permission. If it is not allowed, what are the possible consequences if I still do it? Are there alternative ways to promote my business without violating competition law?
Thank you in advance for your help and support.
Sincerely,
Ben Strauss
Dear Mr. Strauss,
Thank you for your inquiry regarding the use of photos and texts from other companies for advertising purposes in your online shop. It is important to be aware that using someone else's intellectual property without permission is a violation of copyright. This applies to both photos and texts.
Copyright protects the intellectual creation of the author and gives them the exclusive right to decide on the use of their works. This means that you generally cannot simply download images or texts from the internet and use them for your own advertising purposes unless you have obtained express permission from the author.
If you use photos or texts without permission, legal consequences may follow. The author can demand cessation, damages, and even criminal prosecution. It is therefore advisable to only use promotional material for which you have acquired the necessary usage rights or that is free of copyright, such as self-created photos or texts.
However, there are alternative ways to promote your business without violating competition law. For example, you could create your own photos and texts or hire professional photographers and writers to provide material specifically tailored for your products. Another option is to use royalty-free images and texts from specialized databases or websites that provide such content.
Overall, it is important to comply with copyright law and respect the rights of other companies to avoid legal issues. I am available to clarify any further questions or assist you in legally designing your advertising measures.
Best regards,
Greta Kleine
Lawyer specializing in competition law
