How can I check if a work is protected by copyright?
October 2, 2022 | 35,00 EUR | answered by Verena Friedendahl
Dear Sir or Madam,
I am writing to you with a question regarding copyright. I recently came across a picture on the internet that I really like and would like to use it for my website. However, I am unsure if the picture is protected by copyright and if I can use it without any concerns.
The situation is as follows: The picture shows a landscape scene with a prominent building in the foreground. It is of high quality and appears professionally edited. I have tried to do a reverse image search on the internet to find out if the picture has been published elsewhere and who the author is, but without success.
My concern is that I may be violating copyright if I use the picture without the author's permission. I do not want to encounter any legal issues and therefore I am unsure of how to proceed.
My question to you is: How can I determine if the picture is protected by copyright and if I am allowed to use it? Are there any specific tools or databases that can help me with this? What steps should I take to ensure that I do not infringe on the rights of others?
Thank you in advance for your support and advice.
Sincerely,
Ella Neumann
Dear Mrs. Neumann,
Thank you for your inquiry regarding copyright in relation to the image you would like to use for your website. It is very understandable that you are concerned about possible legal consequences and want to make sure that you do not infringe on the rights of third parties.
First and foremost, it is important to understand that essentially every image created by someone is automatically subject to copyright. This means that the author has the sole right to decide how the image is used. Even if the image is not marked with a copyright notice, it does not automatically mean that it is free from copyright.
In your case, where you are not sure who the author of the image is and whether it is protected by copyright, there are some ways to find out. One option is to contact the operators of the website where you found the image and ask for information about the author. Often, you can also find more information about the image and the author through image search on the internet.
There are also special tools and databases that can help you determine if an image is protected by copyright. For example, you can use Google's image search to find similar images and possibly identify the author. There are also special databases like the image rights database of the German Patent and Trademark Office that can assist you in your research.
If you are still unsure whether you are allowed to use the image, I strongly recommend consulting a copyright lawyer. An expert can help you clarify the situation, assess legal risks, and potentially obtain a license from the author of the image. It is better to seek professional advice beforehand to avoid potential legal issues.
I hope this information is helpful to you and wish you success in determining the rights to the image.
Best regards,
Verena Friedendahl
Copyright Lawyer
