Can I receive a warning if I use an image from the internet?
May 20, 2024 | 40,00 EUR | answered by Verena Friedendahl
Dear copyright lawyer,
My name is Martina Hacker and I run a small online shop where I sell handmade products. For the design of my website and my social media profiles, I have used some images from the internet that I like and that fit well with my shop. Now I am worried that I could receive a warning letter, as I am not sure if I am allowed to use the images legally.
The current situation is that I have been using the images on my website and in my social media posts for some time now, without knowing the exact origin of the images or clarifying the corresponding copyright. I am unsure if I am violating copyright law and if I should therefore fear legal consequences.
My concerns are that I do not want to intentionally violate copyright law and do not want to risk receiving a warning letter or a lawsuit. At the same time, I am unsure of how I can legally clarify the situation and what steps I should take to avoid potential problems.
Therefore, my question to you is: Can I receive a warning letter if I use an image from the internet without knowing the exact copyright? What possible solutions are there to clarify my legal situation and avoid potential legal consequences?
Thank you in advance for your support and advice.
Sincerely,
Martina Hacker
Dear Mrs. Hacker,
Thank you for your inquiry regarding the use of images from the internet in your online shop and on your social media platforms. It is understandable that you are concerned about possibly infringing copyright and facing legal consequences. I will explain in detail the legal situation and steps you can take to avoid potential problems.
It is important to know that images are generally protected by copyright as soon as they are created. This means that the author has the sole right to decide how their works can be used. Therefore, if you use images from the internet without knowing the exact copyright or obtaining the necessary usage rights, there is a risk of copyright infringement.
In your case, where you have been using images on your website and social media posts for some time without knowing the exact origin of the images, it is advisable to clarify the situation as soon as possible. You should try to identify the authors of the images and, if necessary, request permission to use them. If you cannot identify the authors, you should promptly remove the relevant images from your website and social media profiles to avoid potential legal consequences.
You may face a cease and desist letter if you use images without the required usage rights. Authors have the right to take action against unauthorized use of their works and claim damages. To avoid receiving a cease and desist letter, make sure you have permission from the author or use royalty-free images that do not require usage rights.
In your case, I strongly recommend clarifying the exact copyright of the images you use and, if necessary, discontinuing their use or obtaining the necessary usage rights. You may also consider consulting a copyright lawyer to assess your legal situation and take further steps if necessary.
I hope this information was helpful to you, and I am happy to assist you if you have any further questions.
Best regards,
Verena Friedendahl
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