Ask a lawyer on the topic of Internet and computer law

Image rights to silhouettes

September 20, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla

I have a question regarding image rights.

Am I allowed to create a silhouette from any photo to which I have no rights, and then distribute it as a cut-out image through a stock photo agency? Since it is a silhouette, there are no people, brands, or "design patterns" recognizable, only a black "imprint" of the person or object on a white background.

You can see a before-after example at the following link: http://bit.ly/2LznH

Thank you in advance.

Dr. Dr. Danjel-Philippe Newerla

Dear inquirer,

Thank you for your inquiry!

I would like to address your question in consideration of the situation you have described as follows:

The approach you have outlined, namely creating a silhouette of a copyrighted photo/graphic without the consent of the rights holder, is legally highly questionable and can potentially result in copyright damages and injunction claims ("keyword "warning") especially if the original is clearly recognizable, which is a matter of individual cases.

In a similar context, the Regional Court of Berlin has ruled (Regional Court of Berlin, Decision of 22.08.2006, Ref .: 9 W 114/06). It can be inferred from this judgment that the author of a photo generally also holds the copyright to the corresponding silhouette of this photo.

I would like to point out the following:
The legal advice I have provided is based solely on the information you have provided. My response is only a preliminary legal assessment of the situation and cannot replace a comprehensive examination of the facts.

Adding or omitting relevant information can lead to a completely different legal assessment.

I hope that my explanations have been helpful to you. You are welcome to contact me for further questions on this platform or via my email address.

I am also available for further legal representation. If you choose to engage my services, I will credit the initial consultation fee paid on this forum in full.

I wish you a pleasant day!

Kind regards,

Dipl.-jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax 0471/3088316