Introduction
Publishing and sharing images on social networks has become an everyday practice for companies, organizations, and private individuals. However, the easy availability of images on the internet often leads to legal risks if the conditions for their use are not observed. Especially in commercial contexts, violations of copyright regulations can result in significant consequences in the form of warning letters. Therefore, it is essential to know the boundaries and requirements of image usage on social media platforms precisely.
The following outlines the legal foundations and typical pitfalls when using images in the context of social media. Furthermore, it shows the potential consequences of a warning letter and the special considerations to be observed in practice.
Copyright Fundamentals of Image Usage
Scope of Protection and Rights Holders
Images—whether photographs, graphics, or paintings—are fundamentally protected by copyright. The copyright interests usually lie with the creator of the photo (author), unless the rights have been explicitly transferred or legal exceptions apply. The protection includes the right to reproduce, distribute, exhibit, and make publicly accessible (§ 19a UrhG).
Using platforms like Facebook, Instagram, LinkedIn, or X (formerly Twitter) does not exempt one from the obligation to obtain the necessary usage rights.
Acquisition of Usage Rights
The authorization to publish or share a third-party image mainly arises from contracts, for example by acquiring a license or granting simple or exclusive usage rights. It must always be checked whether the license granted by the rights holder also covers the intended purpose—such as distribution on social media. Temporal, content-related, and spatial limitations can also be part of such licensing agreements.
Special Cases
There are copyright limitations like quotation rights (§ 51 UrhG), reporting on current events (§ 50 UrhG), or panorama freedom (§ 59 UrhG). However, these exceptions apply only under narrow legal conditions and are rarely valid for unauthorized use on social media channels.
Typical Sources of Error in Image Usage on Social Media
Missing or Incorrect Licensing
The most common reason for warning letters is that usage rights have not been obtained or are incomplete. This applies both to first-time use and redistribution of foreign content without a copyright basis. In particular, the popular practices of “sharing,” “reposting,” or “embedding” can cause problems if there is no permission.
Insufficient Credit to the Author
Even when a license has been properly granted, the right to credit the author under § 13 UrhG must often be observed. This right can only be waived based on a clear agreement. The required designation of the author must comply with the instructions of the rights holder, which is often regulated in the licensing conditions.
Automatic Usage Terms of the Platforms
Many social media platforms reserve extensive rights to published content. However, this does not automatically mean that the uploader owns or may transfer all rights—especially for third-party images. The contractual terms of the platforms do not protect against copyright warning letters issued by third parties.
Use of Image Material with Depicted Persons
Whenever persons are clearly recognizable in a photo, personality rights are also affected. The distribution of such images regularly requires a separate consent (§ 22 KunstUrhG). Without this consent, independent of copyright, there may be a claim for deletion or injunction.
The Warning Letter: Content, Legal Consequences, and Costs
Structure of the Warning Letter
If an unlawful use occurs, the entitled rights holder can issue a warning letter. This typically includes a demand for a cease-and-desist declaration with penalty clauses, naming and/or deletion of the used material, as well as a request for cost reimbursement and possibly payment of damages.
Legal and Economic Consequences
A warning letter can lead to significant financial obligations. In addition to the legal costs of the party issuing the warning, a license-equivalent compensation (§ 97 UrhG) is often claimed. The amount of this compensation is based on the market-standard license fee for the specific use. Additionally, there may be claims for reimbursement of expenses and court costs if the matter escalates further.
Contested Warning Letters and Judicial Proceedings
In principle, cease-and-desist letters are instruments of out-of-court legal protection. However, the claims asserted therein are always subject to judicial review. Numerous courts regularly address the question of whether an actual infringement or a claim for damages exists. Until the final decision, the presumption of innocence always remains preserved.
Prevention and Challenges in Everyday Business
Compliance Tailored to Needs
In the corporate and institutional environment, it is advisable to ensure seamless documentation and processes for acquiring image rights. Especially in division-of-labor processes involving agencies, photographers, or freelance contractors, errors frequently occur, for example in the transfer of social media content from third parties.
Risks of Repeated and International Use
Cross-border image use is particularly challenging because copyright regulations differ internationally. Using images without sufficient rights outside Germany can lead to corresponding consequences abroad. Secondary exploitation and multiple uses significantly increase the risk of costs.
Conclusion
Using image material on social media platforms offers immense reach and communicative opportunities. At the same time, it carries the risk of unintentionally becoming involved in costly legal disputes. The steady increase in cease-and-desist letters reflects the growing sensitivity and enforcement willingness of rights holders. Anyone dealing with image rights in a business or private context should monitor the complex legal framework regularly and have it reviewed.
For in-depth questions and clarification of individual cases related to the use of third-party image material, the attorneys at MTR Legal Rechtsanwälte are gladly at your disposal.
