Can I use pictures of artworks in my blog?
September 7, 2022 | 50,00 EUR | answered by Johann Kock
Dear Media Law Attorney,
I run a blog where I report on various artworks and artists. In my posts, I would like to include images of the artworks to give my readers a visual idea. However, I am unsure if I can do this legally.
Currently, I am already using images of artworks that I have found from various sources on the internet. However, I have heard that there could be legal issues since the copyright of the images could belong to the artists or photographers. I do not want to infringe any copyright laws and therefore, I am wondering if I can continue to use the images or if I should remove them and instead use royalty-free images.
My concern is that by using the images in my blog, I may face legal consequences. I want to protect myself and ensure that I am acting in accordance with media law. Is there a way to use images of artworks in my blog without infringing copyright? What alternatives are there to legally obtain image material?
I would greatly appreciate your assessment and any possible solutions to this issue. Thank you in advance for your help.
Sincerely,
Erwin Halbscheffel
Dear Mr. Halbscheffel,
Thank you for your inquiry regarding the use of images of artworks in your blog. It is understandable that you are concerned about possible legal consequences and want to ensure that you are acting in accordance with copyright and other relevant laws.
In general, the copyright in an artwork, including images of it, belongs to the artist or photographer who created the work. This means that you cannot simply use images from the internet without obtaining the permission of the copyright holder. Using such images without permission can have legal consequences, such as a warning or claims for damages.
However, there are ways to legally obtain images of artworks. One option is to use images of artworks for which the copyright has already expired. In this case, these are known as public domain works, which are free of copyright and can be used without restrictions.
Another option is to use images of artworks under a Creative Commons license. This is a licensing model where the creator grants certain usage rights to their work. There are different types of Creative Commons licenses that provide different usage conditions. It is important to check the specific license and ensure that you use the images in accordance with the terms.
If you want to ensure that you are not infringing on copyright, I recommend either using public domain works or images under Creative Commons licenses. You can also directly ask the copyright holder for permission to use the image and potentially enter into a licensing agreement.
I hope that my response answers your questions and helps you with the legal use of images in your blog. If you have any further questions, please feel free to contact me.
Best regards,
Johann Kock
