What are the legal limits for the use of photos and videos of my competitors?
June 26, 2023 | 40,00 EUR | answered by Sandra Bittner
Dear lawyer,
I am Oliver Walter and I run a small business specializing in the sale of sports clothing. Lately, I have noticed that my competitors are increasingly posting photos and videos of their products on their social media pages and websites. These posts often feature people wearing or using the products.
I am now wondering what the legal boundaries are for the use of photos and videos by my competitors. I am concerned that they may be infringing on my products or brand rights by presenting similar products or using my brand logos.
Currently, I am unsure of how to address these violations and if there are any legal options available to me to combat the use of my competitors' photos and videos. I want to ensure that my rights as a business owner are protected and that my competitors do not gain unfair competitive advantages by using my products or brands.
Could you please advise me on what legal steps I can take to address the use of my competitors' photos and videos? Are there specific laws or regulations in the field of competition law that could help me in this case? I appreciate your support and guidance.
Thank you in advance.
Sincerely,
Oliver Walter
Dear Mr. Walter,
Thank you for your inquiry regarding the use of photos and videos of your competitors on their social media pages and websites. It is understandable that you are concerned about potential violations of your products or brand rights and want to ensure that your rights as a business owner are protected.
When it comes to the use of photos and videos by your competitors, there are various legal aspects to consider, particularly in the area of competition law. First and foremost, it is important to know that the use of images and videos of third parties is generally only allowed with their consent. If your competitors show people wearing or using your products, they should obtain the consent of the individuals depicted. Otherwise, these individuals may potentially take action against the publication of their images.
Furthermore, your competitors must be careful when using your brand logos or similar products to avoid creating confusion or giving the impression that they are your products. If your competitors violate your brand rights, you may take legal action against them.
In the field of competition law, there are specific laws and regulations that could help you take action against the use of photos and videos by your competitors. For example, you could take action under the Unfair Competition Act (UWG) if your competitors gain an unfair competitive advantage by using your products or brand rights.
To take specific legal steps, I recommend seeking advice from an experienced attorney specializing in competition law. Together, you can assess whether your competitors are actually violating applicable law and what measures you can take to protect your rights.
I hope this information is helpful to you and I am available for further consultation. Please do not hesitate to contact me if you have any further questions.
Sincerely,
Sandra Bittner
Attorney specializing in competition law
