How can I protect myself from warnings for copyright infringement?
March 11, 2024 | 40,00 EUR | answered by Edith Fischer
Dear Media Law Attorney,
My name is Nina Born and I run a small online shop where I sell homemade products. Lately, I have heard more and more about other online retailers receiving warnings due to alleged copyright infringements. This worries me greatly, as I am not sure how to protect myself from this.
My online shop contains many photos of my products that I have taken myself. I have heard that you can't just use photos from the internet, but I am unsure if my photos are also protected. Additionally, I have used a few product descriptions from other online shops in the past because I liked the wording. Now I wonder if that could also be considered copyright infringement.
I want to avoid receiving a warning for copyright infringement and having to pay high fines. Therefore, I would like to know what measures I can take to protect myself from such warnings. Are there specific rules I need to follow when it comes to using photos and texts on the internet? Should I somehow mark my own photos and texts to protect my intellectual property? Or are there perhaps certain platforms where I can find royalty-free photos and texts that I can use without worry?
I would be very grateful if you could give me some tips on how to protect myself from warnings for copyright infringement. Thank you in advance.
Sincerely,
Nina Born
Dear Mrs. Born,
Thank you for your inquiry regarding copyright infringements in your online shop. It is understandable that you are concerned, as receiving legal notices can be both financially burdensome and time-consuming. It is important that you educate yourself on the legal aspects of media law in order to protect yourself from potential legal actions.
First and foremost, it is important to understand that both photos and texts are generally protected by copyright. This means that the creators have the sole right to decide on the use of their works. If you use photos or texts from other websites or online shops without owning the corresponding rights, this can be considered a copyright infringement.
Regarding the photos in your online shop that you have taken yourself, you should ensure that you are the sole creator of these photos. If you are indeed the creator, you automatically own the rights to these photos and can use them in your online shop without hesitation. However, it may be helpful to watermark your photos or include a copyright notice to identify your intellectual property and protect it from unauthorized use.
As for the product descriptions that you have taken from other online shops, it is advisable to rephrase them or create completely new texts. Copying texts, even if they suit your taste, can be considered plagiarism and therefore copyright infringement.
To protect yourself from legal actions, I recommend using exclusively royalty-free photos and texts. There are various platforms, such as Pixabay or Unsplash, where you can find free and royalty-free images. For texts, you can also use platforms like Creative Commons to find content that you are allowed to use legally.
Additionally, make sure to have an imprint and a privacy policy on your online shop to comply with legal requirements. It is also advisable to regularly check if your content still complies with current legal regulations to detect and avoid potential legal issues early on.
I hope these tips help you protect yourself from legal actions due to copyright infringements. If you have any further questions or need legal advice, I am happy to assist you.
Sincerely,
Edith Fischer
Media Law Attorney
