Photographs on a company website: copyright and licences
A photograph may illustrate a product presentation, a corporate page or a marketing campaign. Before publishing it on a company website, it is necessary to check who can authorise its use and which activities are permitted. Having the file, paying for a photography service or finding the image on another website calls for an examination of the legal basis and the conditions of use.
Photographic works and simple photographs
Italian copyright law distinguishes photographic works protected under Article 2(7) of Law 633/1941 from simple photographs governed by Article 87 and the following provisions. For the latter, the law sets out specific scope, exclusions and conditions of protection. Classifying an image therefore affects the rights to be considered and requires an assessment of the particular circumstances.
Article 88 also governs ownership of rights in simple photographs produced in an employment relationship and, subject to specific conditions, on commission. Article 90 regulates the information appearing on copies and the effects of its absence, with a particular role for bad faith. The absence of a name or watermark must therefore be assessed under the applicable regime and should not be treated as a general authorisation to reuse the image.
Can a photograph already online be republished?
In its Renckhoff judgment of 7 August 2018, Case C-161/17, the Court of Justice examined the publication on another website of a photograph already available online with the rightholder’s consent and without download restrictions. In the circumstances of that case, the new publication constitutes a communication to the public under Article 3 of Directive 2001/29/EC.
For a company, the practical implication is to verify that an authorisation covers its intended use, subject to applicable exceptions. Downloading an image and uploading it to the company’s own server requires a separate analysis from merely linking to an external page. Giving the source must also be accompanied by a check of the necessary rights.
Defining permitted uses in the licence
The contract should identify the photographs and specify whether the use covers the website, e-commerce, social media, advertising or printed materials. Duration, territories, any exclusivity and permitted changes, such as cropping or graphic overlays, should be examined. It is also advisable to clarify technical suppliers’ access to the files and their use on the company’s behalf.
Anyone receiving images from an agency or supplier should trace the chain of permissions. Unless otherwise agreed, Article 109 distinguishes the transfer of copies of a work from the transfer of exploitation rights. Article 110 requires the latter transfer to be evidenced in writing. Keeping an agreement that describes the rights granted therefore helps document the scope of use.
Open licences and attribution
An open licence may permit commercial use of a photograph under its terms. For example, Creative Commons Attribution 4.0 International allows sharing and adaptation, including for commercial purposes, subject to its attribution requirements, a reference to the licence and an indication of changes. The version actually attached to the individual file must be read.
Different licences may impose different restrictions. CC BY 4.0 also does not automatically grant image rights, privacy rights or rights in trade marks shown in the photograph. The check must therefore cover both the photograph and any other rights involved.
A hypothetical example: from catalogue to campaign
Imagine a manufacturer sends a distributor photographs authorised solely for a catalogue intended for resellers. The distributor also wishes to use them on its website’s home page and in social media advertisements. Before reusing them, it is necessary to compare those uses with the licence received and verify that the manufacturer can authorise them.
In this hypothetical example, after checking the photographer’s rights, the parties agree in writing to extend the authorisation to the identified channels, specifying duration and permitted crops. The outcome depends on the actual permissions and applicable agreements. Having the marketing material does not, by itself, establish all these steps.
Managing rights throughout the website’s life
For each image, it is useful to keep the original source, author, licence, acquisition date and accepted terms. Linking this documentation to the published files makes it possible to check expiry dates, credits and changes. When a new website manager or agency takes over, this information should accompany the operational handover.
A change of campaign or the opening of a new channel may require a further check. Managing photographic rights thus connects with communications contracts and the protection of the company’s intellectual property. Analysing the particular case makes it possible to identify the necessary authorisations and properly define relationships with authors and suppliers.
Sources and references
Informational article prepared with assistance from artificial intelligence tools. It does not replace assessment of the specific case. Legislation and guidance must be checked against the relevant date and facts.